Felony possession...what now?

sw310 · Nov 19, 2004

Asking from Texas

My husband was arrested for felony possession with intent to distribute. He is a good guy with bad friends, was attending college, and had no previous record. The DA was offering him a plea for seven years, which he was advised by his attorney to reject (I agreed). On the day of his sentencing they asked him to provide the name of the guy whose drugs he was in possession of and he refused. They then told him that he would go to prison if he didn't give them a name so we advised him to cooperate and he gave them the information. The judge sentenced him to seven years in prison, which is what the DA was offering before he gave them information. Now we are filing for shock probation, but it doesn't look like the judge is going to grant the hearing. I know several people who were given probation or rehab on their second and third felony offense (same degree) by the same judge. Do we have any room for recourse or review? The problem is that the judge ruled in an open plea so our hands are kind of tied. I would appreciate any advice.

Son of Slam · Nov 20, 2004

sw310 said:
Asking from Texas

My husband was arrested for felony possession with intent to distribute. He is a good guy with bad friends, was attending college, and had no previous record. The DA was offering him a plea for seven years, which he was advised by his attorney to reject (I agreed). On the day of his sentencing they asked him to provide the name of the guy whose drugs he was in possession of and he refused. They then told him that he would go to prison if he didn't give them a name so we advised him to cooperate and he gave them the information. The judge sentenced him to seven years in prison, which is what the DA was offering before he gave them information. Now we are filing for shock probation, but it doesn't look like the judge is going to grant the hearing. I know several people who were given probation or rehab on their second and third felony offense (same degree) by the same judge. Do we have any room for recourse or review? The problem is that the judge ruled in an open plea so our hands are kind of tied. I would appreciate any advice.

*************
The drollery of this situation may be lost to some of us without you telling what he was in possession of. For instance, on a laugh scale of 1-10, marijuana is a 3 and speed is a 9. While "He is a good guy with bad friends," is phrased slightly different, it still sounds too familiar in this forum to induce a real belly laugh. Likewise, "attending college" and "no previous record" are spiritless, as they are overdone here. You do gain a few points for using "rehab," "recourse " and "review."

On a laugh scale of 1- 10, 1 being vomiting and 10 being you can't catch your breath, I rate your post a 7.

snostar · Nov 20, 2004

Son of Slam said:
*************
The drollery of this situation may be lost to some of us without you telling what he was in possession of. For instance, on a laugh scale of 1-10, marijuana is a 3 and speed is a 9. While "He is a good guy with bad friends," is phrased slightly different, it still sounds too familiar in this forum to induce a real belly laugh. Likewise, "attending college" and "no previous record" are spiritless, as they are overdone here. You do gain a few points for using "rehab," "recourse " and "review."

On a laugh scale of 1- 10, 1 being vomiting and 10 being you can't catch your breath, I rate your post a 7.

Missed ya SOS!

sw310 · Nov 28, 2004

Who are you anyway?

Son of Sam, while I appreciate the fact that someone actually read my post, you made absolutely no sense and I don't think my life is very funny right now. My husband was arrested with over 1000 tabs of ecstacy. If you have anything relevant to tell me, I'd like to hear it. Otherwise, skip on over to the juvenile forum where they might enjoy your antics.

rmet4nzkx · Nov 28, 2004

sw310 said:
Son of Sam, while I appreciate the fact that someone actually read my post, you made absolutely no sense and I don't think my life is very funny right now. My husband was arrested with over 1000 tabs of ecstacy. If you have anything relevant to tell me, I'd like to hear it. Otherwise, skip on over to the juvenile forum where they might enjoy your antics.

LMAO

SOS has passed out from laughing too hard.
You have got to be kidding.
Did your husband have to pass a test to get into college?
Your husband took his chances when he refused the plea bargin.
He made it worse by protecting his supplier without being coerced.
He is lucky to have only got 7 years.
Do you know where he could be in TX if someone died from the drugs he was selling?
Who is responsible for how you feel right now?

HomeGuru · Nov 28, 2004

sw310 said:
Son of Sam, while I appreciate the fact that someone actually read my post, you made absolutely no sense and I don't think my life is very funny right now. My husband was arrested with over 1000 tabs of ecstacy. If you have anything relevant to tell me, I'd like to hear it. Otherwise, skip on over to the juvenile forum where they might enjoy your antics.

**A: 1000 tabs and you are telling us that he is a "good guy?" Good Lord lady, are you the trailer park queen of denial?

rmet4nzkx · Nov 28, 2004

HomeGuru said:
**A: 1000 tabs and you are telling us that he is a "good guy?" Good Lord lady, are you the trailer park queen of denial?

Maybe she is sampling the goods, U know, Quality Control!
Damn, there goes her supply.

HomeGuru · Nov 28, 2004

sw310 said:
Asking from Texas

My husband was arrested for felony possession with intent to distribute. He is a good guy with bad friends Now we are filing for shock probation....

**A: you both need to file for shock and awe probation.

rmet4nzkx · Nov 28, 2004

You asked: " The judge sentenced him to seven years in prison, which is what the DA was offering before he gave them information. Now we are filing for shock probation, but it doesn't look like the judge is going to grant the hearing. I know several people who were given probation or rehab on their second and third felony offense (same degree) by the same judge. Do we have any room for recourse or review?"
It would appear, even with the lack of information you provided, such as how much time your husband has already served and where he is sentenced, state jail or prison, that your husband has no grounds for Shock Probation.

Make sure when you write to your husband while in prison, you ask how his cellmate is? You know, the one named, Bubba?

AHA · Nov 28, 2004

Unless his lawyer thinks there is a chance, there probably isn't one.
1000 tabs of ecstacy is very serious, regardless if it's the first offense or not.
I'm sorry, but if he was a good guy he wouldn't have gone anywhere near that s**t. Pressure from friends might be understandable when you're a little kid, but not for an adult man. I have yet to meet a "good person" who has bad friends, or a "bad person" who has good friends. Alikes stick together.

Good luck with your marriage.

tangb · Nov 29, 2004

There is a possibility he can get away with it if he gets a good lawyer. I heard there was this guy who was caught and got away with it. I believe he spend about $17K for that case. A cop approached him pretending to be a buyer and caught him. They also found a lot of E in his house too. Somehow his lawyer was able to get around it.

As for those who have nothing better to do, but put others down…get a life…It’s bad enough that our love one is in trouble, we don’t need your childish opinion.

rmet4nzkx · Nov 29, 2004

tangb said:
There is a possibility he can get away with it if he gets a good lawyer. I heard there was this guy who was caught and got away with it. I believe he spend about $17K for that case. A cop approached him pretending to be a buyer and caught him. They also found a lot of E in his house too. Somehow his lawyer was able to get around it.

As for those who have nothing better to do, but put others down…get a life…It’s bad enough that our love one is in trouble, we don’t need your childish opinion.

Gee you have a lot of friends who are dealers, yes I read your other post. OP is in Texas, not California. They are not eligible for Shock Probation from the information they have given, they got their answer.

sw310 · Nov 29, 2004

Thanks

Actually, I'm in the process of getting my masters in philosophy right now and my husband was studying to become a psychologist. Don't make assumptions about my life because someone I love made bad choices. I'm sure you've all made mistakes and maybe some people think cheating on your wife or emotionally abusing your children is just as bad as breaking the law. To those of you who offered helpful comments, thank you very much. It's nice to know the crass and heartless don't completely rule the world.

Son of Slam · Nov 29, 2004

That's funny, you don't sound philosophical. I am, however, pleased to see you think of me as a winner, as I do not emotionally abuse my children, cheat on my wife, or love someone who makes stupid choices.

rmet4nzkx · Nov 29, 2004

sw310 said:
Actually, I'm in the process of getting my masters in philosophy right now and my husband was studying to become a psychologist. Don't make assumptions about my life because someone I love made bad choices. I'm sure you've all made mistakes and maybe some people think cheating on your wife or emotionally abusing your children is just as bad as breaking the law. To those of you who offered helpful comments, thank you very much. It's nice to know the crass and heartless don't completely rule the world.

Well he can kiss goodbye any thought of becomming a psychologist now, what a waste. People make mistakes and hopefully learn from them, bad judgement is a different story, selling drugs is beyond that, was he so strung out he thought he would get away with it? Let me guess his Axis II Dx?

Felony possession...what now?

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