What is the name of your state (only U.S. law)? California
my husband had 1o years in prison and has the spent the last four trying to get this sober living thing. He has one strike. He has been sober for over 8 months for the first time in his life and is doing great. However 8 months ago he was discharged from parole. He did what they do and went off the the deep end for a month after we was discharged. We separated and he was using. He had none left and was two days coming down. the home he was working on his car at was raided for explosives !! All parties were arrested. They were just as surprised to see him as he was to see them. They found a bag of msn (I dont even know what this is?) and a tire knocker sold over the counter at truck stops used for the work he was doing at the time (true story). My husband was released was told he would be charged with under the influence and possession of a deadly weapon.
we expected this charge to come and have been checking to make sure there are no warrants regularly. When we go down to check with the courts, they seem just as confused as we are that nothing has been filed. We assumed that the allegation was flimsily and they decided not to file. However yesterday 8 months later, while taking my daughter to school was arrested for under the influence, possession of a deadly weapon and manufacturing.
I dont deny he was doing wrong in the wrong place at the wrong time. he was under the influence, he did have the knocker, but he was not manufacturing. the people who owned the house may have been, it also may have been manufacturing explosives, we do not know. Under what circumstances would the tire checker/knocker a deadly weapon? It was not concealed and it was kept in the rear window. He was working doing general laborer, concrete, auto repairs painting at the time which i can verify.
if in fact the owners of the home were manufacturing anything, what sort of evidence would they need to tie it to my husband? What kind of evidence is acceptable for t hem to prosecute? Wouldn't they need to connect it with his specifically?
He is a work in progress. I know 8 months is nothing in clean time. But for him it is a lot and it means everything to him. He has lot of holes to fill in to make up for the things he has done and he makes no excuses. But how can you condemn a man who is sober, is trying to start his own church group, praying, home and works and wants more than anything the chance to fill those holes in. It has been a long learning curve, but not for where he has come from. In light of the fact he has turned everywhere for help to no avail repeatedly and is still sober in spite of being denied by the very people who have condemner him for not humbling himself to ask.
I realize this may seem like another victim story that no one wants to touch or comment on. It may seem fair to you even. I dont deny he was doing wrong in the wrong place at the wrong time. He is trying stay clean, it is a process not a product. He learns a little more every time, since June of last year he has relapsed for one night, twice. He is guilty of using, it should have been a misdemeanor drug charge that may even have allowed himto get help, like he said he is clean but it has been very hard with no mental health assistance or direction. We have been denied due to lack of funds, the programs these days will only take you with the promise of payment by private party or prop 36. He will not eligable for prop 36 since he was charged with the other two crimes. It seems to me this is the idea. The other two charges he is facing could get him two more strikes which would make three, and/ or at the very least years of prison time.
Please help, any advise, experience would be greatly appriciated. Particularly anything, links that i can verfiy or are factual.
thank you
my husband had 1o years in prison and has the spent the last four trying to get this sober living thing. He has one strike. He has been sober for over 8 months for the first time in his life and is doing great. However 8 months ago he was discharged from parole. He did what they do and went off the the deep end for a month after we was discharged. We separated and he was using. He had none left and was two days coming down. the home he was working on his car at was raided for explosives !! All parties were arrested. They were just as surprised to see him as he was to see them. They found a bag of msn (I dont even know what this is?) and a tire knocker sold over the counter at truck stops used for the work he was doing at the time (true story). My husband was released was told he would be charged with under the influence and possession of a deadly weapon.
we expected this charge to come and have been checking to make sure there are no warrants regularly. When we go down to check with the courts, they seem just as confused as we are that nothing has been filed. We assumed that the allegation was flimsily and they decided not to file. However yesterday 8 months later, while taking my daughter to school was arrested for under the influence, possession of a deadly weapon and manufacturing.
I dont deny he was doing wrong in the wrong place at the wrong time. he was under the influence, he did have the knocker, but he was not manufacturing. the people who owned the house may have been, it also may have been manufacturing explosives, we do not know. Under what circumstances would the tire checker/knocker a deadly weapon? It was not concealed and it was kept in the rear window. He was working doing general laborer, concrete, auto repairs painting at the time which i can verify.
if in fact the owners of the home were manufacturing anything, what sort of evidence would they need to tie it to my husband? What kind of evidence is acceptable for t hem to prosecute? Wouldn't they need to connect it with his specifically?
He is a work in progress. I know 8 months is nothing in clean time. But for him it is a lot and it means everything to him. He has lot of holes to fill in to make up for the things he has done and he makes no excuses. But how can you condemn a man who is sober, is trying to start his own church group, praying, home and works and wants more than anything the chance to fill those holes in. It has been a long learning curve, but not for where he has come from. In light of the fact he has turned everywhere for help to no avail repeatedly and is still sober in spite of being denied by the very people who have condemner him for not humbling himself to ask.
I realize this may seem like another victim story that no one wants to touch or comment on. It may seem fair to you even. I dont deny he was doing wrong in the wrong place at the wrong time. He is trying stay clean, it is a process not a product. He learns a little more every time, since June of last year he has relapsed for one night, twice. He is guilty of using, it should have been a misdemeanor drug charge that may even have allowed himto get help, like he said he is clean but it has been very hard with no mental health assistance or direction. We have been denied due to lack of funds, the programs these days will only take you with the promise of payment by private party or prop 36. He will not eligable for prop 36 since he was charged with the other two crimes. It seems to me this is the idea. The other two charges he is facing could get him two more strikes which would make three, and/ or at the very least years of prison time.
Please help, any advise, experience would be greatly appriciated. Particularly anything, links that i can verfiy or are factual.
thank you