What should we do?

[dweeks]

What is the name of your state?What is the name of your state? Texas

My daughter is on felony probation deferred for forgery out of Dallas County.
Before she was placed on probation she was arrested on a drug charge (more than 4 grams less than 200 grams) of Meth in Hopkins County. We live in Hopkins County. Her bond was $25,000.00 The day she was placed on probation the indictment for the drug charge came out. The indictment is for Less than a gram. Is this a probation too or what? What about the bond being so high? What should we do? She asked about a Rehab program and all this county will offer is 6 mo. Safe P. I think this is unfair. Please tell me what to do.

 

[smutlydog]

What is the name of your state?What is the name of your state? Texas

My daughter is on felony probation deferred for forgery out of Dallas County.
Before she was placed on probation she was arrested on a drug charge (more than 4 grams less than 200 grams) of Meth in Hopkins County. We live in Hopkins County. Her bond was $25,000.00 The day she was placed on probation the indictment for the drug charge came out. The indictment is for Less than a gram. Is this a probation too or what? What about the bond being so high? What should we do? She asked about a Rehab program and all this county will offer is 6 mo. Safe P. I think this is unfair. Please tell me what to do.

My guess is that it was better for her to get in trouble before the judge gave her the probated sentence then afterwards.

Maybe this is a sign that should wouldn't have been succesfull while on probation.Sounds like the meth has a pretty good grip on her.Maybe it's best that she go through this.For many addicts it takes bottoming out and loosing everything.
Look at this way.What if she was lucky and avoided getting arrested for anything.The addiction over time would have eventually ruined her life.Think of this as a turning point.
It hard to say what her punishment will be.If they double her probation and the county won't provide at the bare minimum drug counciling she should seek help elsewhere.Otherwise she is going to end up in prison.Maybe they will give her 6 months in the slammer.That will give her some time to dry out.

 

[I AM ALWAYS LIABLE]

What is the name of your state?What is the name of your state? Texas

My daughter is on felony probation deferred for forgery out of Dallas County.
Before she was placed on probation she was arrested on a drug charge (more than 4 grams less than 200 grams) of Meth in Hopkins County. We live in Hopkins County. Her bond was $25,000.00 The day she was placed on probation the indictment for the drug charge came out. The indictment is for Less than a gram. Is this a probation too or what? What about the bond being so high? What should we do? She asked about a Rehab program and all this county will offer is 6 mo. Safe P. I think this is unfair. Please tell me what to do.

My response:

How many times before this has your daughter been in jail or prison? How long each time?

IAAL

 

[Kane]

Possession of between 1 and 4 grams of meth is a 3rd degree felony in Texas - 2 to 10 years TDC. Possession of less than one gram is a State Jail Felony, 6 months to 2 years in State Jail facility.

Forgery is usually a State Jail offense, but it depends on what was forged.

The court in Hopkins County is not bound by what happened in her Dallas County case.

However, the law in Texas provides that probation is mandatory for certain kinds of drug offenses:

Sec. 15. (a)(1) On conviction of a state jail felony under
Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.121(b)(3), or
481.129(g)(1), Health and Safety Code, that is punished under
Section 12.35(a), Penal Code, the judge shall suspend the
imposition of the sentence and place the defendant on community
supervision, unless the defendant has previously been convicted of
a felony, in which event the judge may suspend the imposition of the
sentence and place the defendant on community supervision or may
order the sentence to be executed.

If she's convicted under one of those sections, and hasn't been convicted of a felony before, the judge will give her probation.

A deferred adjudication is not a conviction under Texas law.

SAFP stands for Substance Abuse Felony Program.

Sec. 14. (a) If a court places a defendant on community
supervision under any provision of this article as an alternative
to imprisonment, the judge may require as a condition of community
supervision that the defendant serve a term of confinement and
treatment in a substance abuse treatment facility operated by the
Texas Department of Criminal Justice under Section 493.009,
Government Code. A term of confinement and treatment imposed under
this section must be an indeterminate term of not more than one year
or less than 90 days.

Many people prefer to avoid SAFP, if they can.

There's a waiting list to get into SAFP. It can take weeks or months before a bed opens in the program. Many judges prefer to make defendants wait in jail for a bed, because they don't want people out abusing drugs, and they want them to be clean when they enter the program.

What that means is that many people who are charged with State Jail offenses could have been done with their sentences in the time it takes to make it through SAFP.

I can't really comment on the bond. Bonds vary from place to place, and depend not only of the offense, but also on the circumstances of the defendant (including her criminal history).

Lawyers can ask to have their clients' bonds reduced, but judges are often reluctant to grant that request.

 

[mycarlb]

You think that all this is unfair? I think it is saving a life... meth addicts die every day... prison/rehab is a blessing to your daughter... and I agree with Kane... you need to NOT pamper her... addicts are con-artists... let her go to hell and back... if you keep getting her out of trouble you are signing a death sentence to her... (my brother was an addict for many years... bottoming out without us to support him is what turned him around finally... he has been clean for almost 10 years now... so I am speaking from experience!)

 

[dweeks]

Thanks for your help

I appreciate all the help but I do want everyone to know I'm still a MOTHER and my responsibility is to protect my daughter.
She is clean and has passed her drug test for the probation dept.
All I'm saying is I believe that outpatient rehab can do just as good for her. She's not one of those people that had to have it everyday it was really recreational when she was with her "so called friends" She needs to get new friends and regain control of her life. The boyfriend and father of my grandson was very abusive and her self esteem is low. I just believe with one on one counseling will benefit her more than jail. She has a birth defect that will cause her more self esteem problems if places in that type of enviroment. I don't need to add to we need to help with the problem.
Yes I know METH can kill her. It nearly has twice. God has been with us. I'm not saying she doesn't need some help I'm just looking at the BIG picture. Thanks again for the help and please continue with you response.

THANKS

 

[I AM ALWAYS LIABLE]

I appreciate all the help but I do want everyone to know I'm still a MOTHER and my responsibility is to protect my daughter.
She is clean and has passed her drug test for the probation dept.
All I'm saying is I believe that outpatient rehab can do just as good for her. She's not one of those people that had to have it everyday it was really recreational when she was with her "so called friends" She needs to get new friends and regain control of her life. The boyfriend and father of my grandson was very abusive and her self esteem is low. I just believe with one on one counseling will benefit her more than jail. She has a birth defect that will cause her more self esteem problems if places in that type of enviroment. I don't need to add to we need to help with the problem.
Yes I know METH can kill her. It nearly has twice. God has been with us. I'm not saying she doesn't need some help I'm just looking at the BIG picture. Thanks again for the help and please continue with you response.

THANKS

My response:

Everybody who comes here has a birth defect or some sort of disability. That's why people come here. Didn't you know that?

However, I notice that you failed to answer these questions - -

"How many times before this has your daughter been in jail or prison? How long each time?"

IAAL

 

[dweeks]

Heres your answers

She has never been in trouble nor in Jail.

 

[I AM ALWAYS LIABLE]

She has never been in trouble nor in Jail.

My response:

You're a liar.

IAAL

 

[dweeks]

Who do you think you are anyway!!!

You have NO REASON to call me a liar. I'm not a liar she has NEVER been in any trouble before. I got on the forum for advise not for some SMART ASS person to prejudge my daughter or call me names. I do hope you don't judge everyone because one day you'll be judged.

 

[I AM ALWAYS LIABLE]

You have NO REASON to call me a liar. I'm not a liar she has NEVER been in any trouble before. I got on the forum for advise not for some SMART ASS person to prejudge my daughter or call me names. I do hope you don't judge everyone because one day you'll be judged.

My response:

Lady, a person just doesn't wake up one day to be a forger or be on drugs. She more than probably has quite a checkered past, which includes juvenile crimes as well as adult crimes - - before these latest charges.

So, yes, I believe you're a liar.

IAAL

 

[dweeks]

For your information.

She didn't just wake up one day and do all of this. As I have said she has NO background. So let me tell you what happened. At age 22 she got mad and left home. Up until then she carried a 4.0 in college. I had NO idea where she was for over 6 mo. When she did contact us she was running with the wrong type of people and preg. Thats how she got on the drugs. As far as the forgery charge she was charged because she was with another person that wrote a check (her handwritting was on the check NO WHERE) they were stopped for speeding and the officer noticed the checks in the car the other girl said they belonged to her cousin and my daughter went along with the story. They said she was charged because she was with her. The father of the baby (which is in jail for the 4th time and looking at 30 yrs on 1 charge which he has 4 in all) was very abusive to her. And she was scared of him. (I guess you think that stupid too but you know if someone poured gas on you and held a match and told you they would kill you thats no reason to be scared) And the drug charge came from a tip that her boyfriend was suppose to have a pound of Meth. So you now like I said don't judge people till maybe you know the whole story.

 

[I AM ALWAYS LIABLE]

She didn't just wake up one day and do all of this. As I have said she has NO background. So let me tell you what happened. At age 22 she got mad and left home. Up until then she carried a 4.0 in college. I had NO idea where she was for over 6 mo. When she did contact us she was running with the wrong type of people and preg. Thats how she got on the drugs. As far as the forgery charge she was charged because she was with another person that wrote a check (her handwritting was on the check NO WHERE) they were stopped for speeding and the officer noticed the checks in the car the other girl said they belonged to her cousin and my daughter went along with the story. They said she was charged because she was with her. The father of the baby (which is in jail for the 4th time and looking at 30 yrs on 1 charge which he has 4 in all) was very abusive to her. And she was scared of him. (I guess you think that stupid too but you know if someone poured gas on you and held a match and told you they would kill you thats no reason to be scared) And the drug charge came from a tip that her boyfriend was suppose to have a pound of Meth. So you now like I said don't judge people till maybe you know the whole story.

My response:

Yeah, okay. Whatever, lady.

When you decide to tell the whole truth, then maybe someone here will want to help you. But, do you know what? The judge will have her entire life history in front of him. It's all on computer. Then, he's going to smack her real hard when he sees her past sentences and crimes.

But, you go right ahead and keep lying. It's of no consequence to me, and it certainly isn't helping you.

IAAL

 

[mickeymousin]

passing a drug test does not mean she is "clean". It only takes about 3-4 days to get out of your system and as soon as you leave the probation office-time to get high

 

[dweeks]

When a mother ask for help why would she lie about things??

You know,believe what you want too. But I'd appreciate it if you'd keep your comments to yourself. I AM TELLING THE TRUTH and I sure as hell don't appreciate someone calling me a liar. You have gave me NO HELP all you have done is prove there are some real JERKS in the world. As far as the judge goes he doesn't need a piece of paper in front of him he has know her all her life.