Punishment does not fit the Crime

[goldy4918]

What is the name of your state (only U.S. law)? Texas

Hi, My father is a retired surgeon who would leave his prescription pads sitting around at home. I was diagnosed with Migratory Arthritis in 1993 and by 2004 my doctor was retiring and I needed to find a new one. I made one stupid mistake and decided to take one prescription from my dads pad without permission and wrote it for Lortab (Hydrocodone) and took it to Krogers Pharmacy in August 2004. They called my dad and he admitted he did not write the script. I took my dad's bad advice and went and confessed at the Dallas Police Dept. being my first brush with the law. They said it might proceed and it might not (they knew it would be prosecuted). Anyway, January 2005 I got deferred adjudication on a 3rd degree FELONY and a 6 year probation term and 1500.00 fine and 250 community service hours. During my probation period I got my Bachelors Degree from the University of Texas in History so I could teach High School ( this was and is my dream, my only shot at a career and I am 47 yo.). Now, I can't even get a decent job, I can't rent at apartments, this is not fair. I can file for non-disclosure 5 years after I finished my probation. But, Federal and State agencies ( this means school districts) can always see it. So, one mistake I made in my life (prescription fraud) means that I can never teach high school. Is this fair? In my opinion, the first offense of this nature should be a Misdemeanor with the understanding from the Judge to the offender that any further offenses will become Felonies. Our judicial system is so busy that they can't even stop and look at individual cases to help people, they just make everybody criminals. My question is, what was the good of getting deffered adjudication because it's as good as a conviction. Does anybody out there have any advice for me regarding my desire to teach and live where I want. The laws and penalties need to be changed in this case. The punishment does not fit the crime!

 

[cyjeff]

The only people that think that the penalty doesn't fit the crime are the criminals convicted.

Sorry... certain drugs have very high penalties.

Most school districts are letting teachers go... when you have a felony, you get in line behind every other teacher applying.... and most DON'T have a drug related felony on their record.

Actions have consequences. Prescription fraud is not running a stop sign or speeding.

 

[goldy4918]

Conservative huh.. Yes, but I did not get a second chance. Doctors, nurses and pharma employees often get caught up in prescription meds and most recieve warnings or slaps on the wrists. So prescription fraud has serious consequences, I guess you believe that people do NOT deserve a second chance. I'd hate to be your son!

 

[cyjeff]

Conservative huh..

I am not sure which of your assumptions is more comical.

That liberals would automatically think you deserve a job teaching children or that conservatives are the only ones that think forging prescription meds is an actual crime.

Yes, but I did not get a second chance.

Sure you did. You didn't go to prison, did you?

Doctors, nurses and pharma employees often get caught up in prescription meds and most recieve warnings or slaps on the wrists.

Please present your case law that validates this statement. Thanks.

Because, according to the law, each of the above occupations could lose their license to practice along with the exact same penalties you received.

So prescription fraud has serious consequences, I guess you believe that people do NOT deserve a second chance. I'd hate to be your son!

Oh, so if I don't want someone that tried to defraud their way into a prescription - and your excuse is an absolute joke...but I am guessing the judge told you the same - teaching children, I am bad.

Guilty. There are too many good, honest and FELONY FREE people trying to get a job teaching right now to even entertain why your "want" is important.

Stomp your foot all you want. You are at the back of the line due to your own actions.

You want a second chance... why should all of those people that did NOT forge a prescription be penalized so that you can run to the front of the line?

You tell me... why should THEY be penalized?

 

[racer72]

2 things. Don't blame the judiciary for your problems, they are only following the laws put in place by your state legislature. Second, do the parents of your state want a drug abuser teaching their children? I wouldn't.

 

[cyjeff]

2 things. Don't blame the judiciary for your problems, they are only following the laws put in place by your state legislature. Second, do the parents of your state want a drug abuser teaching their children? I wouldn't.

or a school superintendent that says, "Well, sure, there was a line of teachers around the block that I could have hired, but I felt that this felony drug forger deserved the position because everyone deserves a second chance."

You have to face it, OP. Your crime was a statement of your judgment, your values and your character. You did this to yourself.

Have you thought about another position that doesn't involve children?

 

[goldy4918]

Yes sir, I did not go to prison. This being my first brush with the law, I was not aware that so much was going to be taken away from me. All for an offense that hurt nobody but myself.

About the case law regarding healthcare professonials noy being charged, I'm not sure what you mean. I know a couple, he's a doctor and was caught recieving meds for his addiction and he did not lose his license. I'm sure if I tried hard enough I could find loads of cases where people were given rehab or drug court over formal charges for script fraud. I saw a case on TV-NatGeo-where a man in Ohio did the same thing as I and recieved drug court, then the judge threw out the charges. How come one state treats the same crime diffrently? Not fair!

And what do you mean that my excuse is a joke. It is the honest truth that in 1993 I was diagnosed with RA and in 2004 found myself without a doctor. My dad's a retired surgeon who irresponsibly left his pads laying around and I screwed up and took one attempting to get the same meds that my prior doctor gave me. Why is that excuse a joke? Dig deep, there is some compassion down there some where. And I never saw the judge on court day, just another case of a DA doing a backhanded inappropiate deal with a criminal defense lawyer I'm sure.

And your right, my actions caused my problems and I would never want to prevent a background free teacher from being able get in the classroom and teach. But I do know that there are alot of ineffective teachers in our classrooms teaching our kids and I'm confident with my education and love for teaching that I would do well. But perhaps I do not deserve that chance.

To Racer72, thanks for the positive message. I am learning now how to contact my representative in the state legislature and calling my state senator in my district to expose my situation. I'm sure that there are many other first offenders (3rd degree Felony) out there that deserve better than this. Everybody deserves one second chance.

Last thing, why is it that you nice people that are retorting to my blogs are calling me a drug abuser! Is not that a generalization that every person that ever committed prescription fraud is a drug abuser?

 

[Gail in Georgia]

Dad was irresponsible for leaving his prescription pads laying around? Do you seriously believe this to be true? Is your father somehow to blame for you forging his name to obtain a narcotic pain reliever?

Teachers are often held to a higher standard than others in a different occupation. One can fully understand why a high school administration would not hire someone with a conviction such as yours.

Your best bet is likely to be to seek another profession.

Gail

 

[commentator]

Everything about every post the OP has made screams "drug abuser" to me. That this person is blaming everyone and everything, including his father, the law and the uncompassionate people on this forum for his ruined life, is begging us for compassion about something he should have gotten over years ago, and wanting the world to make an exception for him, nobody else, it's classic addictive behavior.

It makes no sense in the world that this person got a degree in education, WHILE HE WAS ON PROBATION, assuming, somehow, maybe that the law would make an exception in his case and that he would have no trouble getting a teaching job!?! It is my guess that he has been spending his life leeching off that bad old retired doctor who couldn't keep him from stealing his prescription pads and gave his "bad advice" to confess and take his deferred sentence while he treats his migratory arthritis and bemoans his only chance in life. There are a ton of jobs for people with teaching degrees besides teaching. Most of us who didn't get teaching positions right off the bat (even with clean records) got one of them and moved on.

 

[cyjeff]

And what do you mean that my excuse is a joke. It is the honest truth that in 1993 I was diagnosed with RA and in 2004 found myself without a doctor.

Not the RA...

The fact that you want us to believe this was the first time you stole a script?

That would be the joke.

Last thing, why is it that you nice people that are retorting to my blogs are calling me a drug abuser! Is not that a generalization that every person that ever committed prescription fraud is a drug abuser?

Listen to yourself.

Let me turn that around. What do you think the percentage of persons committing prescription fraud that are NOT drug abusers is?

The simple fact that you thought it was easier to commit fraud than to find a new doctor speaks volumes.

 

[swalsh411]

Is not that a generalization that every person that ever committed prescription fraud is a drug abuser?

Yes, but a true one.

"The punishment should fit the crime" is not, to my knowledge, a guiding principle of our legal system. It's what's known as a "cliche".

 

[goldy4918]

You are all right.. I just wonder if I can ever reverse the damage and if I can ever change myself. I wonder if it's to late..

 

[goldy4918]

To Commentator: Thank you for your input. I have to say that you hit the nail right on the head. I have had an addictive personality my whole life. I smoked pot thru high school and college. That desire has never really faded. It's a great herb that I think everybody should try. It's safer than booze. But your right, I've tried to spread the blame for my script charge to everybody involved, including myself. I know that I made the decision but I just wanted people to know that there were circumstances that sort of lead me down that path. I am now trying to get to the point where I will put this behind me and move on. But a few residual legal hurdles appear often even 6 years after the offense. I have smoked cigarettes since I was 18 yo and used to drink beer often but quit drinking when I started taking hydrocodone. I do exhibit classic addictive behavior and I'm taking steps right now to seek out help to withdraw off Vicodin. (Mostly minor withdraws, I don't take that much per day)

I got the degree in history because I enjoy the subject, teaching was sort of a middle thought while I was in school. I figured get the degree and the certificate and then I could plead for a position. Getting a college degree on probation was a great thing to do. It showed how I was tring to better myself. Nobody can ever take my degree from me. Right again, since I have never been any kind of breadwinner, I have "leeched" off my dad. Bailed me out of credit card debt, paid my truck off, paid for my education, bought me lots of groceries and things and yet I sling blame his way. And you kindly gave me a great thought, that I could possibly plead my case for an administration position and go from there. That did not dawn on me. I'm trying my best not to ask my dad for anything and things are working out thanks to the help and compassion from my friends. Mom died in 1986 and my sister died in 2003, they were the glue to our family. Since 1986 my family has been dysfunctional. Thank you for your optimistic note at the end that there are jobs for people with teaching degrees besides teaching. For once in my life I just wanted a career. I will stop blaming others for my situation, move forward and be as truthful as I can be. To all the people that have much bigger problems than me, I do pray for peace and compassion for one another. But this is one pebble in my shoe that hurts really bad when I walk and I can't remove it.

 

[goldy4918]

To Commentator:

Sir, once again, I have to say you completely and correctly read me. I was impressed on the brutal truth. And I wanted to say that I know I am coming across as a crybaby and it's really not like me. But I am dealing with the legal ramifications of my offense and it's all new to me.

If a dentist over-prescribed Vicodin in 1998 for what should have been some basic dental work and this directly led to my addiction and eventually my offense in 2004, would I have a case against the dentist? Just asking!

Also, you mentioned that there are a ton of jobs for people with degrees that don't involve children. Do you personally think that I might stand a chance at a job with my offense. And could you kindly suggest what those positions might be and maybe how I should approach these jobs to increase my odds to win the job. I'm sorry to bother you and I know it's asking alot, but I believe your advice could be gold to me. I could really use some great advice to help me land a decent job with my situation. Thank you Sir.

By the way, what does OP mean. ( Is it like Ron Howard OP )

 

[citizenXo]

This is just another instance of the perverted justice system interfering with the lives of the people in an inappropriate manner.

The point being made by the OP is that the conviction is irrelevant with regard to his teaching aspirations. Nothing he has done has indicated that he is going to be selling drugs to children and the use of a painkiller is not going to make him a danger to children, even if he was still using them.

This sort of "It's your own fault" self-righteous bull crap can easily be torn down by considering that next year, vicodin could be an OTC drug.

If we are going to abuse the criminal justice system to abuse people's privacy in this manner, then it should be done on equal ground. His opponent's records should show the time they kicked a dog when 7 years old, had a habit of picking their nose in public at 10, yelled at a girlfriend, tailgated someone who cut them off, etc.

Then when faced with the sheer reality of the human condition, employers would be forced to stop worrying about things like vicodin usage and focus on actually RELEVANT indicators of workplace efficiency.