tango80536
Junior Member
What is the name of your state (only U.S. law)? Texas, Harris County
Last year my wife passed away of a terminal disease; 12 hours after her passing I went to our local pharmacy and picked up my medications along with her's - this is a normal occurrence since most of the time she was bid ridden. My trips to our local pharmacy were so frequent that they had our credit card on a file and would simply hand me our medications all stapled together; keep in mind this is 12 hours after her sudden passing and me finding her gone after returning from work. I did not intentionally pickup her medications at the same time, they were just stacked with mine as usual. A few months later I was charged with Obtaining a controlled substance schedule III/IV by Fraud (out of the 7 medications I picked up 3 were her's 1 of which was Xanax). At the same time I picked up my own Xanax and other pain medications related to a nerve/spinal degenerative disease I suffer from.
The authorities were notified by my mother-in-law as my wife was able to be dual insured under myself and under her mothers insurance to help offset the cost of fighting a chronic terminal disease. Due to poor legal advice and really just wanting to get it over with I took a 10 year deferred probation deal - this was my very first criminal offense ever, not even a jay walking warning was on my record. My mother-in-law blames me for driving a wedge which already existed between my wife and her - pretty much blaming me for my wife's passing.
After accepting to plea the ADA asked the judge to allow her to speak, at that time her entire family who lives on the east coast entered to court room and filled one side of the court. Her mother was then allowed to read a statement again stating I was responsible and I essentially kept her locked in a tower apart form her family (my wife had a very turbulent and unfortunate childhood which caused a lot of her adult relationship issues with her mother and numerous step fathers).
I was told this open court slander (i.e. she was not under oath) was allowed and accepted by the ADA and the judge on the bench (who has since stepped down).
Now I am at a point that I am a year into my 10 year probation and due to my spinal disease I see a number of doctors including a pain management doctor who prescribes higher end pain medications which I monitored monthly for compliance by my doctor along with 3 U/A's a month by the probation department. The violation comes into play with a condition of my probation which states I must present a letter from my prescribing physician with one week of receiving the prescription. Now I am not sure if anyone has to had to deal with a larger group of doctors or "associates" based physician groups but getting a letter each time stating I understand Mr. Blah is serving a 10 year probation stint for a felony drug charge, listing all 6 medications which are sometimes adjusted due to procedures on my back, and listing developing and current conditions ISN'T the easiest thing to accomplish.
I kept being told to call the office after my visit and request it "officially" on the medical assistant line and pay the $25 letterhead/official signature cost per letter; on one of my last visits I told the nurse I wasn't leaving the exam room until I got something. She produced a hand written scribble on a prescription pad with the doc's signature and #; along with a brief description of what the probation terms required.
Now that's the background; my current situation bullet points are:
1) Is the county really able to do this?
2) During the sentencing, after my ex mother-in-law read her statement of how horrible of a human I am and returned to her seat - she, immediate family, and the ADA had a hug and crying fest right there in front of everyone in the court. As there was NO victim in this DRUG case (should this type of behavior been allowed and could it constitute prosecutorial misconduct?
3) Again with prosecutorial misconduct: During the first charge, sentencing, etc the ADA kept close ties/updates with my ex mother-in-law as if she again was going after me like a murder.
4) After I was arrested on the violation I was assigned to the same court - this time with the new judge, new ADA, however my case was "flagged" by the old ADA for her handling only and she is stepping in the handle the case personally. During this time again she has kept my ex mother-in-law up to date on every turn of the case including what I suspect my treatment in the county jail (regarding medical issues). I suspect this because she has made references to certain medical issues and her family rejoicing that I was in jail and suffering on Facebook and other public forums.
5) My wife's mother has made references that unless I return certain items (my wife was an artist); she would continue to make sure I rot in jail.
6) I was granted a very low bail due to the county jail clinic unable to care of my chronic illness, not providing any medications which caused 7 seizures in 11 days, and when the judge requested records of what happened the county jail stated they had lost my medical records. From my understanding probation violations usually do not get bail, as I was set no-bail when arrested, and when bail is given it is usually very high. I was released on no conditions other than a phone check in my the bail company.
Where do I stand legally, is there any thing the ADA is doing that is considered misconduct, is there anyway to get official phone, e-mail, communication records between her and mother-in-law? Is there any recourse against the in court slander, current slander, and down right attacks coming from my her now?
With my probation all fines, fees, conditions were met except this one (I have since provided 3 years of medical records, a very in depth letter from the director of the medical practice associates treating me about my condition and what is required to treat it, and I have been receiving the medical treatment that the jail could not). Most of the fellow jail house predictions were since I didn't break a law, nor did a have any dirty U/A, nor was I late on fee's, visits, etc - essentially breaking a rule not a law I would be placed back on probation.
Any help, advice, or suggestions would be appreciated. I have gotten everything from sue the county for their failure to treat my condition and losing medical records to suing the county da's office for allowing these actions to take place. At this point I am just waiting for my arraignment and then a probation hearing if the judge is "likely not to reinstate"
Last year my wife passed away of a terminal disease; 12 hours after her passing I went to our local pharmacy and picked up my medications along with her's - this is a normal occurrence since most of the time she was bid ridden. My trips to our local pharmacy were so frequent that they had our credit card on a file and would simply hand me our medications all stapled together; keep in mind this is 12 hours after her sudden passing and me finding her gone after returning from work. I did not intentionally pickup her medications at the same time, they were just stacked with mine as usual. A few months later I was charged with Obtaining a controlled substance schedule III/IV by Fraud (out of the 7 medications I picked up 3 were her's 1 of which was Xanax). At the same time I picked up my own Xanax and other pain medications related to a nerve/spinal degenerative disease I suffer from.
The authorities were notified by my mother-in-law as my wife was able to be dual insured under myself and under her mothers insurance to help offset the cost of fighting a chronic terminal disease. Due to poor legal advice and really just wanting to get it over with I took a 10 year deferred probation deal - this was my very first criminal offense ever, not even a jay walking warning was on my record. My mother-in-law blames me for driving a wedge which already existed between my wife and her - pretty much blaming me for my wife's passing.
After accepting to plea the ADA asked the judge to allow her to speak, at that time her entire family who lives on the east coast entered to court room and filled one side of the court. Her mother was then allowed to read a statement again stating I was responsible and I essentially kept her locked in a tower apart form her family (my wife had a very turbulent and unfortunate childhood which caused a lot of her adult relationship issues with her mother and numerous step fathers).
I was told this open court slander (i.e. she was not under oath) was allowed and accepted by the ADA and the judge on the bench (who has since stepped down).
Now I am at a point that I am a year into my 10 year probation and due to my spinal disease I see a number of doctors including a pain management doctor who prescribes higher end pain medications which I monitored monthly for compliance by my doctor along with 3 U/A's a month by the probation department. The violation comes into play with a condition of my probation which states I must present a letter from my prescribing physician with one week of receiving the prescription. Now I am not sure if anyone has to had to deal with a larger group of doctors or "associates" based physician groups but getting a letter each time stating I understand Mr. Blah is serving a 10 year probation stint for a felony drug charge, listing all 6 medications which are sometimes adjusted due to procedures on my back, and listing developing and current conditions ISN'T the easiest thing to accomplish.
I kept being told to call the office after my visit and request it "officially" on the medical assistant line and pay the $25 letterhead/official signature cost per letter; on one of my last visits I told the nurse I wasn't leaving the exam room until I got something. She produced a hand written scribble on a prescription pad with the doc's signature and #; along with a brief description of what the probation terms required.
Now that's the background; my current situation bullet points are:
1) Is the county really able to do this?
2) During the sentencing, after my ex mother-in-law read her statement of how horrible of a human I am and returned to her seat - she, immediate family, and the ADA had a hug and crying fest right there in front of everyone in the court. As there was NO victim in this DRUG case (should this type of behavior been allowed and could it constitute prosecutorial misconduct?
3) Again with prosecutorial misconduct: During the first charge, sentencing, etc the ADA kept close ties/updates with my ex mother-in-law as if she again was going after me like a murder.
4) After I was arrested on the violation I was assigned to the same court - this time with the new judge, new ADA, however my case was "flagged" by the old ADA for her handling only and she is stepping in the handle the case personally. During this time again she has kept my ex mother-in-law up to date on every turn of the case including what I suspect my treatment in the county jail (regarding medical issues). I suspect this because she has made references to certain medical issues and her family rejoicing that I was in jail and suffering on Facebook and other public forums.
5) My wife's mother has made references that unless I return certain items (my wife was an artist); she would continue to make sure I rot in jail.
6) I was granted a very low bail due to the county jail clinic unable to care of my chronic illness, not providing any medications which caused 7 seizures in 11 days, and when the judge requested records of what happened the county jail stated they had lost my medical records. From my understanding probation violations usually do not get bail, as I was set no-bail when arrested, and when bail is given it is usually very high. I was released on no conditions other than a phone check in my the bail company.
Where do I stand legally, is there any thing the ADA is doing that is considered misconduct, is there anyway to get official phone, e-mail, communication records between her and mother-in-law? Is there any recourse against the in court slander, current slander, and down right attacks coming from my her now?
With my probation all fines, fees, conditions were met except this one (I have since provided 3 years of medical records, a very in depth letter from the director of the medical practice associates treating me about my condition and what is required to treat it, and I have been receiving the medical treatment that the jail could not). Most of the fellow jail house predictions were since I didn't break a law, nor did a have any dirty U/A, nor was I late on fee's, visits, etc - essentially breaking a rule not a law I would be placed back on probation.
Any help, advice, or suggestions would be appreciated. I have gotten everything from sue the county for their failure to treat my condition and losing medical records to suing the county da's office for allowing these actions to take place. At this point I am just waiting for my arraignment and then a probation hearing if the judge is "likely not to reinstate"