Medicaid, food stamps and felony charges

[jrobvs10]

Indiana

If someone is charged (not yet convicted but clear case) for a felony involving marijuana, will he lose his medical benefits?

My friend has been convicted of a felony charge involving marijuana. Indiana is not yet involved in legalizing marijuana for medical purposes. The amount he had was just above legal limits and he grew those by the house for his own pain.

He agreed upon the search and did not get arrested but was told to wait 3-4 weeks for a call and he'd have to turn himself in. This due to his toes just being amputated due to his severe diabetes.

He waited 4 months, no calls. He lost his residence because he can't work and moved. Open warrant got him arrested a year later.

Will he lose medical benefits if found guilty even if he can not provide for himself? He will definitely die without medications? If this can be proven is there a way to keep medicaid or other medical support for his medication? And what about food stamps?

[seniorjudge]

What statute number are you charged under?

[jrobvs10]

I don't even know what that means. This is what I know: Class for maintaining common nuisance. Class C for paraphernalia, and I believe class D for possession.

No major amounts just for personal use so there was no dealing going on. He got arrested a year later, Hasn't done any kind of drugs since than or gotten into any other sort of trouble.

Doctor stats are saying, monitoring his death. Without medication he'll be lost. But without a job and now this over his head, he'll be pretty much done.

I know it's his own fault but considering, he wasn't selling but merely for pain relief. Still illegal off course in Indiana.

Just hoping that there is some sort of way to let him keep his medical benefits at least after he should be found guilty

[seniorjudge]

Have your friend post.

[jrobvs10]

Miami County Indiana

Do we have a case?

I’m going to give you my story here and would like to know if we have a leg to stand on in any way shape or form.

Part 1:

My boyfriend got arrested on Saturday July 31, 2010. There happened to have been a warrant out for his arrest since, I believe, November 2009.

In August 2009 they searched our place due to a tip for big time marijuana growing operations. My boyfriend did grow about 9 plants but not for dealing or the money but for the major pain he has from necrosis. (nerve pain due to advanced diabetes)
We agreed on the search and they, obviously, found the 9 plants, some perahanillia and growing supplies. All minimum since it was just for personal use to dull the pain. We each gave our statements and they left.

Prior to this visit from the drug force, boyfriend had his toes cut off because of the diabetes. The cops did not arrest him at that time but told him they would call him in about 3-4 weeks and told him to better be here to turn him self in then.

We waited from August to November of 2009, no calls, no nothing. We were very low on money and we had to move out of our place. We moved in with some friends, where we still live at present time. Didn’t think it would be a problem. People who had been involved with the law had told us that since they did not have a big time grower, as they expected, with him and that sometimes cases just get dropped. Also, due to his advanced illness, the many medications and doctor visits he needs it would most likely never gotten back up. So they told us.

Anyway, he did have a warrant for his arrest and he got pulled over July 31, 2010 for a broken break light by a state trooper.

Part 2:

He was just on his way home right before it happened. He came from Walmart to pick up his medication, hydrocodone. When he got arrested, which was about 15 minutes after the buy as stated on the receipt of purchase, the bag was still stapled shut with the receipt and contents written and stapled to the bag.

At the jail, my boyfriend got to hurting extremely bad. He was not allowed to have the pain medication. The guy that booked him in told my boyfriend that it was not allowed for them to touch any medications or for any reason to give him his medication BEFORE a nurse was handled the bag and checked it out. He said he put it in the safe and my boyfriend was told he had to wait till Monday for the nurse to release it to him.

Off course, he’d been out of pain medication Saturday, Sunday and part of Monday so he was hurting extremely bad. Given the fact that the bag was sealed by walmart I was wondering if they had the right to open it up?

Either way, when my boyfriend finally got to the jail on Monday to pick up his medications, the bag was opened. He got home and asked me to count them, as he always does, to make sure they where all there.

His script was for 60 tablets but there were only 55 in the bottle. He called the nurse to ask if the bag was open or closed when she received it that Monday morning. She told him, and I heard on the speakerphone, that the bag had been opened up before she even touched it.

Now, my point is this: The guy that booked him in specifically told him that nobody was supposed to touch the contents of that bag before the nurse had given permission. On the other hand the nurse tells us that the bag was already opened before she got her hands on it. She also told us that she had figured that the 5 pills missing was most likely because one of the guys that booked my boyfriend in had given him a couple to help with his pain. No how is that possible if there are strict rules against handling medications before the nurse sees it? Why did the nurse not wonder about this given the fact it’s against policy?

Part 3:

My boyfriend had called the jail Monday August 2, 2010 to talk to the nurse and after that to file a formal complaint to at least have a record of these happenings. He wanted to do it with the head sheriff to make sure nothing would get tampered with inside in case someone did take those 5 pills. The sheriff wasn’t there so he left a message.

Today, Tuesday August 3, 2010 the sheriff called him back. My boyfriend told him his concern and the fact that he wanted to file a complaint. This was what the sheriff told him and I heard it as well:

He said that he watched the videos of that day and that nobody had opened that bag before it went in the safe deposit box. He also stated that he had talked to the nurse and she told him the bag was closed when she received it.

What does that tell you? I mean someone is lying up there. I don’t know if they are allowed to open a perfectly sealed prescription straight from the store or not. Either way, someone is lying about whether the bag was open or closed. Either the guy that booked him in opened it up, maybe even outside of the camera, I mean you wouldn’t think they’d be that stupid to do it front of the cameras. Or the nurse that states that the bag was open to us and tells the sheriff it was closed. Or the sheriff is trying to cover something up for his colleagues or maybe even himself.

Here is the problem though, we can’t prove that Walmart might not have shortened him or miscounted either. The fact of the matter is though, that sheriff was trying to get him not to come over to file a complaint and to talk him out of it with all means. Also, the stories do not add up at all whatsoever.

So, will this just be something we file a complaint for and never hear from again or is there a way to do something with this?

He got charged with maintaining common nuances, possession of the 9 plants and periphanillia. These are all felonies I think right?

The problem is as follows, if he will be convicted for these charges, he will lose his Medicaid and food stamps. The reason for him being in the shape he is in now is because his medication and the amount of it he needs to take are so expensive he hadn’t been able to take even insulin for at least the past 15 years. That broke his body down to where his doctors chart is stating: Monitoring his death. He finally, after the last amputation in mid 2009, was able to get some help on how to get Medicaid and foodstamps. He finally received all this end 2009.

Without it he will be death within a month. His sugar ran without insulin on a daily basis over 600. Given the fact 100 or something is average that will eat you alive. He had this for every bit of 5 years before he received the benefits to get his medications. Pain medications like the hydrocodone and lyrica he needed to take where so expensive that he could not buy them but maybe every couple of months.

The nerve pain was soo bad that he could not do anything, not even brush his teeth or write a note. He went from 250 lbs to 130 in about a years time from the pain and the lack of diabetes medications. I finally took him to the ER because he looked like he was ready to die right than and there. They immediately operated on him to take his toes off due to a major infection crawling up his leg by than.

They helped us finally, to get Medicaid and food stamps so he would survive for at least a bit longer.

We all know that he will be found guilty and he will have to pay for what he had done. However, with these charges, the reason why he had the marijuana and the fact that without medications he won’t survive more than a month most likely, is there a way to at least let him keep his benefits. Even if it’s just the Medicaid. I mean I can’t afford the pills and can’t afford insurance for him. He has heart disease and advanced diabetes, price is going to be up there.

So, with the fact that pills came up missing, them lying about what happened with the prescription bag while he was locked up. (Which was only like 2 hours before I bailed him out). His medical situation and the entire reason why he was using and growing those few plants in the first place. Can there be anything done to lessen the charges and to expunge the records for Medicaid so he won’t lose that? Any drug related charge will make him lose his medical benefits.

I know it’s his own fault but it was a last resort for him at that point since he had nothing to ease the pain until later when Medicaid approved him. Could this count?

Also, pretty sad and somewhat ironic, to get arrested for felony drug charges and get skunked by the very same people that just booked you in for the same class crime. Stealing of prescription drugs and than trying to cover up the tracks by lying about it. At least, it seems like a cover up to us because they straight out lied and are with full strength trying to get him not to file a complaint. That tells me enough.

Whether this will hold up in court, I guess It’s a long shot but I have to ask if there is a way at all to at least have them not take away his medical benefits because he will die. Records are very clear at his doctors office, even the Medicaid office but off course they’ll have to go by the rules and he did violate them even if it was before he actually received the benefits.

Does he have a chance?

[justalayman]

so, what does his attorney say? He should be eligible for a public defender.

[jrobvs10]

Well, he still has to go to the pre-hearing to get one. :-) I just wanted to find out some more information in case we need to take other actions. He can't afford an attorney obviously so a public defender is his best bet I suppose.

Thanks for your response.