son's father charged w/ drug posession...

What is the name of your state? CA

my son's father was charged w/ felony posession narcotic controlled substance...CAN SOMEONE PLEASE EXPLAIN WHAT EXACTLY THIS MEANS?? also, i was informed that he will get 3-to-5, but will most likely serve 2yrs. is this normal to be that much time?? i'm thinking it's so extreme cause this isn't his first offense w/ drugs.

thanks

It means he was caught with a substance that was illegal for him to have on his person, or in his home or vehicle. You're right, first time offenders typically don't serve jail time, but since this isn't his first offense, well, he's stupid and now he's going to serve some time.

his mother had asked me to write a letter to the courts saying how resposnible he's been w/ the child support order for our son the past 2yrs. his lawyer said that it won't hurt his case, so how would the judge see this letter?? i undrstand that since this isn't his first offense he will serve jail time, but do you think it will be at least 2yrs?? and, does a controlled substance mean any kind of illegal drug or is there a certain classification of drugs and a certain amount?? i'm so clueless when it comes to drugs, ,so bare w/ me on this very important issue...

momof1cutie said:

his mother had asked me to write a letter to the courts saying how resposnible he's been w/ the child support order for our son the past 2yrs. his lawyer said that it won't hurt his case, so how would the judge see this letter?? i undrstand that since this isn't his first offense he will serve jail time, but do you think it will be at least 2yrs?? and, does a controlled substance mean any kind of illegal drug or is there a certain classification of drugs and a certain amount?? i'm so clueless when it comes to drugs, ,so bare w/ me on this very important issue...

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If he pleads guilty, there will be a presentence investigation about what kind of person he is.

Most mothers will stand up for their children (and rightly so); thus, a letter from mom telling judge how good kid is will not impress a judge very much.

Controlled substance means a kind of drug that is controlled by state law. There are restrictions on selling, owning, and possessing such drugs. If you violate one of those restrictions, you can go to jail or get a fine or both.

Q: I was just wondering if it had to be a certain amount
A: Yes, different amounts lead to different charges. I do not know what he had or what he was charged with.

Q: would thery have had to give him a drug test when he was arrested?
A: No, the charge is possession of an illegal substance, not the use of it.

Q: the leter wouldn't be from his own mother, his mom asked me to write a letter (we have a son together) to the courts stating how responsible he's been w/ child support the past 2yrs. i wouldn't be lying cause he has been responsible in that regard and i am taking my son's best interest.
A: I am not sure if having an illegitimate son shows any kind of responsibility but paying child support does. How old is the child and how much does he pay? Has he ever been late or skipped a payment?

momof1cutie said:

I was just wondering if it had to be a certain amount and would thery have had to give him a drug test when he was arrested?? the leter wouldn't be from his own mother, his mom asked me to write a letter (we have a son together) to the courts stating how responsible he's been w/ child support the past 2yrs. i wouldn't be lying cause he has been responsible in that regard and i am taking my son's best interest.

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He might be eligible for Prop. 36 diversion ... his attorney would know what that was. If he has been through Prop. 36 before, he may not be eligible again; Or, if he had other charges in addition to simple possession, then he may not be eligible.

For simple possession (usually H&S 11377(a)), the amount only has to be a "useable amount" ... this can be VERY small. Depending on the county he is in, the likelihood of jail can be very high or very low. In some counties, they will put a third time drug offender away for about a year in county and a heck of a lot of probation after that. Usually, though, significant jail time for drug offenders in CA is just not going to happen.

And, like SJ said, the presentence report the judge receives from probation will have more weight than a letter from mom, girlfriend, etc. And what you have to understand is that the drugs (I am presuming crystal meth.) can become such an over-riding obsession that your impression of their character means less than the actions of the person involved. And apparently he's not towing the line.

- Carl

momof1cutie said:

So, I shouldn't write the letter?? And if I did decide to write this character letter I wouldn't know exactly how to word it??

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Personally, I would think the letter wouldn't hurt. But, keep in mind that it may not be of any good, either.

Would his lawyer ask for this kind of stuff anyway??

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Maybe. Only when it comes to sentencing, probably.

How much of his character do they take into consideration when deciding punishment??

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They tend to look at the overall picture. But, keep in mind that family members tend to have a skewed view of their loved one. I have seen stories for murdering thugs filled with tales from friends and family saying what a good man he was, trying to do the right thing, and how he got lost ... etc.

The courts have heard it all before. And, unfortunately, they grow a little immune to the pleas of the loved ones. Unless he truly was a paragon of virtue in his community and has documented good deeds coming out his ears, the chances are that what the family has to say will have minimal impact ... depending on the specifics of his offenses.

The charge is 11350(A)HS & the bail set at $145,000, so whatever that means??

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Holy crap! $145,000?! That must have been a lot of drugs! There HAS to be other charges. Simple possession of a controlled substance is NOT going to result in that high a bail unless they sought a bail enhancement. And if they got an enhancement, it was probably because they felt he was a flight risk or because they wanted to assure him remaining in custory while they sought arrest or search warrants for others.

The thing is, he was locked up for about 4yrs not too long ago, released in 2000 and I'm pretty sure that he was still on some sort of probation, even though his parole ended in 2003. I'm not in contact w/ his lawyer, so I'm not sure if they are using Prop 36 in this case.

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If he has priors he may very well go away to at least county jail for this.

But there is something missing. $145,000 is way too excessive for simple possession. Either he's concealing the whole story to you, or there are additional crimes or counts that he has been charged with.

- Carl

momof1cutie said:

When I looked it up on the county sheriff's website that's exactly what the charge was and the bail amount. when his mom called to inform me of this she didn't even tell me the charge, she only said that he needs help for his drinking. she didn't know that i could find out online. i haven't spoken to him in over a year and a half, he was just doing his part finacially for our son, not the visitation part. his mom also informed that he will probably get 3-5, but most likey serve 2yrs. believe me, i think that there's more to it too. he goes to court in like 2weeks, so i'll know then the future of my son's father.

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Chances are the website only posts one of the charges. I wouldn't be surprised if his bail was enhanced or his charges were upgraded to possession for sales and that info just isn't reflected on the web site.

I'd say this is not a man you want to have as an influence on your child until and unless he cleans up his act. He COULD be arrested, using, or dealing with your child present. Do you really want that?

- Carl

His charges are public record. A call to the jail SHOULD result in your being told what charges he is being held on and what his bail is. However, you will likely find that not all jail staff are up to speed on this and they may only give you the primary charge.

Additionally, the charges he was booked on may not be the same ones he is actually facing in court. He may have been arrested and booked on possession, but could be facing sales charges in court.

It might be a little difficult to get a clear picture of what he is facing until the smoke clears.

- Carl

I appreciate all of your advice!!! i'm going to call the jail right now to see if i can get any additional answers. also, i contacted the station where he was arrested to see if i can get a copy of the arrest report, but haven't heard back from them yet.

the first time something of this magnitude happened, all he had to worry about facing the consequences was himself, but now my child is affected as well. thank God my son doesn't know what he's missing!!!

CA

i think 11350(A)HS is possesion of heroin, if that helps