son arrested

[djs1996]

My son was recently arressted in california on charges of transport of a controlled substance and possesion of controlled substance both felonies, he's been on this slippery slope for awhile now with a couple of petty theft convictions and been taken in several times for being under the influence. As cold as it sounds im sure he was doing what he was charged with. I won't bail him out so he can get in more trouble or run when this all goes towards time served. now heres my problem i cannot afford to hire an attorney so he will have to depend on whats provided for him. I guess what im asking is what should i expect in terms of conviction and sentencing so I can be aware if something isnt going as should be expected. i am aware of prop 36 and have tried to steer him away from going that route because i feel its a vicious cycle that I have yet to see anyone really benefit from it, I really dont like the idea of getting out sooner just to bounce back n forth for not compling and im afrraid if he does get out early there will be no lesson learned. am i wrong on this issue. im grateful for any advice

 

[ReformedMan]

I applaud you for making your son pay for his mistakes. I agree that that will help him learn a far better lesson than if you came to the rescue.

Do you know the exact statute numbers he's charged with? That would make it easier to research.

 

[outonbail]

Well, this may not be legal advice, but for what it's worth:

The only person who can make prop 36 worthwhile is the addict him/herself. For someone who has the desire to get away from the drug lifestyle, prop 36 can be a stepping stone heading them in that direction.

However, many people who are facing time in prison, stemming from drug charges, only see these diversion programs as a get out of jail free card. They agree to getting treatment because it gets them out of custody. If they qualify for programs such as PC 1000, Prop 36 and here in Riverside the R.O.C. program, their attorneys will often push their clients in that direction, because it is a fairly easy way for an attorney to appear like they are earning their money, while placing the responsibility for the success or failure of arranging this deal, on the defendant themselves.
If they complete the program successfully, they have charges dropped and/or felonies reduced to misdemeanors and most important, they get off drugs. It all sounds good at the time. But when they start seeing how tough it is to get to these classes and follow all the directives, they end up going back to they're same old ways with their same old friends.

When researching the success rates of these programs, you find claims as low as 25% and as high as 80%. I believe it is closer to the 25% estimate, but because these programs are subsidized by the government using taxpayer money, the staff running these programs work the numbers in a way that delivers a high success rate, in order to help secure the money necessary to continue with the programs year after year.

So I don't see where any of the "success rate" numbers being claimed for the implementation of these programs can actually be considered accurate.

It all falls back on the drug user. If they want to stay away from drugs, one of these programs may be all it takes to see that they succeed. But for most, it is just another way to try and play the system while staying out of jail.

Getting off of drugs is one thing, staying off of them is another. The people who succeed have usually made big changes in their social lives. When someone continues to live in the same place and hang around the same friends, they inevitably end up doing the same drugs.

I do think your doing the right thing by not bailing out your son, whether you could afford to or not. It never hurts for someone to dry out in jail so they can start thinking about where they're going and what landed them in jail. Your son will be doing a lot of thinking about his life while in jail, because there isn't much else to do. But the reality of it is that no matter whether he takes a deal for Prop 36, or fights the charge and gets convicted by a jury, he will not be locked up for very long.

With all the overcrowding of jails and prisons in California's penal system, the Federal government has stepped in and they release hundreds, maybe thousands of inmates each month. The first to get released are the non violent offenders. This is primarily people sentenced for a drug offense. Since they are not in custody for much more than a year, if that, they come out and get right back into drugs again.

For any of these programs to work, your son has to want to get off of drugs, he needs to get away from the supply he's familiar with and he needs to serve some purpose with his life that gives him some self worth, something to be proud of.

To claim success in getting off of drugs takes years, not six months or a year in a program.

About the only thing you can do to help, is usually do nothing at all. Don't give him money, don't bail him out, don't get him a lawyer or make excuses for him. He got himself in the drug scene and he is the one who has to remove himself from it.

Aside from that, I don't think anyone has the answer to the drug problem or what works in fighting it. This alleged war on drugs has had absolutely no effect on drug use or drug availability at all, so it certainly isn't the answer.

I have a cousin who was a heavy alcoholic/crack addict. My relatives, my family and myself tried to help him for years. His mother would send me money he asked for, so I would take him to the grocery store to buy food, rather than sending it to him because he would spend it on drugs. Then I found out he was just returning the groceries so he could go buy crack anyway.

He didn't seek any help until I convinced our entire family and his to stop giving him anything at all. He knocked on my door one night and asked if he could sleep on my living room floor. I told him no and slammed the door in his face. I can't even begin to describe how hard that was to do, or how bad I felt for doing it. I didn't hear from him again until Six months later, when he got himself into an intense treatment program.

This was ten years ago. Today he is married with one child, owns a home and business in Colorado and is doing exceptional. But he didn't get help until he lost everything including all support from his family.

I know what your going through, it's tough.
I wish you luck!