Mom's Nightmare: son arrested again :(

What is the name of your state? California

My son is 22 and has had a drug addiction since he was 13. As a juvenile
he was on probation and completed a 16 month residential drug treatment program and then 6 months later at age 18 was arrested for intoxication
of meth for which he was convicted of a misdemenor and put on probation.
Then about a year later he was arrested again for possession of a meth pipe with residue and after a long while was convicted of a felony (spent 6 months
in county jail, then allowed to complete the sentence which I think was 10 months in rehab.) He did complete the rehab and placed on loose probation (didnt have to report). Now its a year later and he is again arrested, this time for possession of less than a gram of meth. No other charges. What is the likely chance he will go to prison? Or is it possible the judge may allow him to return to his rehab? They have said they will accept him. Thank you.
This is very hard of course for me as his mother and for his family. I am not posting bail, and Im not hiring an attorney but letting the chips fall with a public defender.

Unfortunately, he's likely to continue on this path until it kills him. Sorry.

But, in CA, if he may be eligible for Prop. 36 ... which, is probation with mandatory drug treatment. Unfortunately, there really is not a penalty for failing to complete the treatment so it's not all that effective. But, he may still have another free pass or two before he does jail time.

- Carl

Moms Nightmare

State: California

Yes, I know he is on the way to an early death if he doesnt wake up.
My question also is this; if he qualifies for prop 36 once and it is used
in the previous case, can he qualify for prop 36 drug rehab on the new charge?

I have heard that is possible and permissable (two tries) but I do not know this for sure, or, if there are conditions attached to it. His attorney should be able to tell him.

I take it he's done that before?

- Carl

Moms nightmare continued

California

Yes, I believe he was given prop 36 for his last case although he had to spend 5 months in county jail before he was eligible and then completed the 10 month total sentence in rehab. I just heard that he was charged with meth possession with a 65K bail which I assume it because of his priors?
Sounds like a stiff bail for less than one gram, but then Im his mom and not impartial obviously. I appreciate your feedback very much.
Sounds like he at least has a chance to try rehab again, and maybe this time it might stick.

Bail amounts in CA are based upon set figures for the crimes being charged and not for priors. My guess is that he is facing additional charges. $65,000 would be unheard of for simple possession.

The jail or the arresting agency should be able to tell you the specific charges he was arrested on and the bail amount - the CA Government Code states that this information is to be released to the general public on request.

- Carl

Moms Nightmare

I just called the jail and the automated system said he was
charged with "narcotics" and that his bail is 55K.
If he had less than a gram and it was in one container rather
than smaller packages would they still be able to charge
with intent to sell? He was out riding his bicycle late at night when
arrested. I hate to ask what the jail time would be for selling- must
be prison. Everytime this happens I find myself needing to really
toughen up.

Husband found Quilty- Should there be Bail until Sentence?

My husband was found quilty in the state of Massachusetts for conspiring to sell drugs. Although we want to appeal the case because we belive our lawyer was negligent in disclosing all of our evidence to support his innocence, we want to know if he could get out on bail until the day of the sentence.

My Husband does not have any criminal history and is a Business owner who has reported taxes every year. He complied with his pre-trail bail was present whenever requested.

Is there a way he can wait for his sentence without being in custody?

He was charged with 700 grams of heroine.

VMarina said:

I just called the jail and the automated system said he was
charged with "narcotics" and that his bail is 55K.
If he had less than a gram and it was in one container rather
than smaller packages would they still be able to charge
with intent to sell? He was out riding his bicycle late at night when
arrested. I hate to ask what the jail time would be for selling- must
be prison. Everytime this happens I find myself needing to really
toughen up.

Click to expand...

Obviously the automated system doesn't give all the information.

Even 55k is very high unless the officers asked for a bail enhancement ... but, why? I have NEVER asked for a bail enhancement on a drug possession case. But, they might have if they were trying to keep him behind bars for a little while ... perhaps while they followed up on a potential supplier.

ANd I had to laugh at the bicycle thing ... we call them "bicycle felons". Almost the ONLY people on bikes late at night (10 PM onward) are people out for one of three things: Looking for dope, looking to SELL dope, or looking to break into cars to get things to trade for dope. And its a truism in every agency I have worked for and know of. And they tend to be on probation as well ... and have a tool bag they call "bicycle tools" but we tend to charge as "burglary tools".

And in CA it is almost impossible to legally ride a bike after dark. So, they are real easy to stop.

Yes, they CAN make a sales case even with a single package. It might not be easy, but the amount and other indicia of sales might be sufficient. $55k might be more in line with a sales charge.

- Carl

yadilsa said:

My husband was found quilty in the state of Massachusetts for conspiring to sell drugs. Although we want to appeal the case because we belive our lawyer was negligent in disclosing all of our evidence to support his innocence, we want to know if he could get out on bail until the day of the sentence.

My Husband does not have any criminal history and is a Business owner who has reported taxes every year. He complied with his pre-trail bail was present whenever requested.

Is there a way he can wait for his sentence without being in custody?

He was charged with 700 grams of heroine.

Click to expand...

He can ask for bail to be continued pending sentencing. But, after being found guilty, the chances of someone fleeing are greater, so the defendant is often remanded.

Plus, you need to start your own thread for this.

- Carl

CdwJava said:

Obviously the automated system doesn't give all the information.

Even 55k is very high unless the officers asked for a bail enhancement ... but, why? I have NEVER asked for a bail enhancement on a drug possession case. But, they might have if they were trying to keep him behind bars for a little while ... perhaps while they followed up on a potential supplie

Yes, they CAN make a sales case even with a single package. It might not be easy, but the amount and other indicia of sales might be sufficient. $55k might be more in line with a sales charge.

- Carl

Click to expand...

Is it possible that bail also includes a probation violation charge?
I know I know, Im searching for answers Since he has priors maybe they want to keep him in custody or as you said, follow up on where he got his supply cause obviously he's not the big cheese here. I wrote him a letter and recommended he fight any sales charges and also of course work with his attorney. I very much appreciate your suggestions Carl.

VMarina said:

Is it possible that bail also includes a probation violation charge?

Click to expand...

Yes - it very well could include a VOP or a VOP warrant bail amount.

I know I know, Im searching for answers Since he has priors maybe they want to keep him in custody or as you said, follow up on where he got his supply cause obviously he's not the big cheese here. I wrote him a letter and recommended he fight any sales charges and also of course work with his attorney. I very much appreciate your suggestions Carl.

Click to expand...

Well, good luck to you. But I hope he gets sent up long enough to dry out. Unfortunately, I'm a skeptic when it comes to repeat drug offenders because usually they don't change until they reach rock bottom or have an epiphany. Being arrested and then going to rehab with no consequences is not likely to have a positive result.


- Carl

CdwJava said:

Yes - it very well could include a VOP or a VOP warrant bail amount.

Thanks

Well, good luck to you. But I hope he gets sent up long enough to dry out. Unfortunately, I'm a skeptic when it comes to repeat drug offenders because usually they don't change until they reach rock bottom or have an epiphany. Being arrested and then going to rehab with no consequences is not likely to have a positive result.


- Carl

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Well maybe this is a psychology/treatment question but what does work?
I know Im not the only mom out there with a child with a drug addiction
problem. I attend alanon and have since 1996 which helps some but the bigger question is does prison work? What does?

VMarina said:

Well maybe this is a psychology/treatment question but what does work?
I know Im not the only mom out there with a child with a drug addiction
problem. I attend alanon and have since 1996 which helps some but the bigger question is does prison work? What does?

Click to expand...

What works may well depend on the individual. I was able to quit drinking on my own 14 1/2 years ago - many people can't. For some, it takes an arrest or some momentous point in their life to wake them up. For others, A.A. or N.A. might be sufficient.

The most successful programs I have known have been residential treatment programs that are voluntary and are 'tough love'. They often tend to be associated with a church or other religious organization, are run with very strict rules and levels of advancement (each level providing new privelegs) and include a full lifestyle training as well as drug counseling.

So much of it is the lifestyle. It does NO good to dry someone out if they simply return to the friends and the life they knew when they were getting high. The chances of using again in that case are quite high.

If the lifestyle does not change the drying out is pointless.

And prison or jail sometimes works ... for a time. But, the addict can usually never do it on his own and will need constant help from others like him - and that's where groups like N.A. can help.



- Carl

CdwJava said:

What works may well depend on the individual. I was able to quit drinking on my own 14 1/2 years ago - many people can't. For some, it takes an arrest or some momentous point in their life to wake them up. For others, A.A. or N.A. might be sufficient.

The most successful programs I have known have been residential treatment programs that are voluntary and are 'tough love'. They often tend to be associated with a church or other religious organization, are run with very strict rules and levels of advancement (each level providing new privelegs) and include a full lifestyle training as well as drug counseling.

So much of it is the lifestyle. It does NO good to dry someone out if they simply return to the friends and the life they knew when they were getting high. The chances of using again in that case are quite high.

If the lifestyle does not change the drying out is pointless.

And prison or jail sometimes works ... for a time. But, the addict can usually never do it on his own and will need constant help from others like him - and that's where groups like N.A. can help.



- Carl

Click to expand...

In Sept. of 2003 my son entered a residential treatment program (his first as an adult) after being clean since March while in custody. The program was 12 step based with a wide adult male population from young adults to men in their 50's who had longterm residivism problems. The program was strict and also very community minded. The clientelle worked within the local community while in the initial 90 day program but lived onsite while participating in intensive therapeutic interventions and group process work. My son graduated after 90 days still clean and then entered their housing program. He was on his own in terms of finding employment (except there was a weekly checkin group and 3 meetings per week requirements (NA) plus strict house rules and curfews. He relapsed about 4 weeks into that 2nd phase program when he was fired from his job at a local store when they discovered his felony. As most addicts will do, he fooled everyone for about 2 months but eventually his using increased, he was booted out of the program and then lived from friend's house to friend's house until he was arrested this week.
My feeling is that he didnt have long enough in the basic program even with almost a year clean when he relapsed. I am relieved he is off the street, and hopes he will have another chance once he sobers up some. He is still young (22) so I have hope something will wake him up.