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arrested on one charge which was DA-reject but held on 1 he was let go on

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rentarobyn

Guest
My boyfriend was arrested last month on a domestic call and was booked on possession & under the influence instead. At the time he had a traffic warrant on an already paid ti cket. The cops took him to criminal court on a dry run thursday then to the traffic court (different city) on the following monday. He was released, time served on the ticket and released (speedy released),due to lack of complaint on drug charge. He was not drug tested at the time of arrest and the amount of drugs was 5 cents at best. Well this month another police report for domestic and he is arrested. Two days later at court they DA-reject the domestic, and took him in criminal court and arraigned him on the drug charge that he had already been released on a month prior due to lack of complaint. Back in court last week the judge,DA & PD had a conference my boyfriend never even got to say a word and he is being held over until the 30April. The PD told my boyfriend, Me and his father that he wouldnt even ask for rehab due to some other circum-stances that he could not or would not tell us about. The domestic has been dropped and there is no one to refile the charges, so how could they be holding him on these drug charges, offering him in secret 22mos(judge)24mos(DA)and maybe 16mos(PD)? My boyfriend is also a card carring member of the CHOCKTAW INDIAN TRIBE and we were looking for someone to possibly assist us in locating any help from the tribe as we have only limited funds. Thank you and good luck to all in these troubleing matters.
ROBYN TELLES

Please respond.

Thank you,\
Robyn

[Edited by rentarobyn on 04-21-2001 at 10:23 PM]
 


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bird1

Guest
Robyn,

Your post is really kind of sketchy to me and the facts and circumstances do not seem clear. One thing I can tell you is I have been to a million domestic abuse calls and through experience, I can tell you.....If you have been abused once, it will happen again. It is common for the victim to side with their abuser after the police have been involved due to the victims fear of retaliation from their abuser. That is why the State usually picks up the charges and it is made clear to the victim and the suspect/accused that the victim has no descretion on dropping the charges.
Robyn if you have been abused by your boyfriend, contact a womens shelter, they will help you get away, they will help you with all your paperwork including the necessary forms needed for restraining orders and a place to stay for you and your children if you have any until you can get on your feet and become self supportive. Again, I am unclear on your situation, so I hope this applies and is helpful to you.
 
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rentarobyn

Guest
Thank you for your advice, I will take in under consideration. The question that I was trying to as is that my boyfriend was arrested on a traffic warrant and poss & under influence, was taken to court on the poss & under influence-never saw judge, returned to county then on the following monday was taken to court on traffic warrant, received timed served on that and released due to insufficent complaint on poss & under influence by same judge. Then he was arrested aprox. 1 month later on Domestic Charge. He went to court 2 days later was scheduled to appear in dom violence court, ended up being a DA reject on that and bailif informed us he had been taken to Div 7, Citrus Ct. so we went to Div 7, asked bailiff if they had him in that court room they said yes that they were charging him on the poss & under influence that he had been arrested and released on 1 mo. prior. They had arrainged him set next court date. At that court date his father & I were present, they brought him in, the Judge, DA & Public Def. had a private conference, and then the PD stated on record "Judge I beleive this can be resolved at a latter date", judge issued a new date of April 30,2001, my boyfriend was never spoken with or addressed and then he was sent out of the court room. Afterwards the PD came out into the hall and stated that they were offering him 22mos. but could get it down to 16 w/ 1/2, We asked him why he was even being charged on this since he already got released 1 mo ago on infuffiecent complaint? He said "Well there are other factors", we asked what he said he couldnt tell us, I said well can anyone else tell us he said he couldnt tell us , we asked if my boyfriend could tell us, he said possibly but he wasnt sure. When we spoke to my boyfriend by phone we asked what the PD was talking about, but he didnt know either, only that the PD would not even discuss his case with him except to say he could get him 16mos. My boyfriend asked why he was being charged and the PD wouldnt give him an answer, then my boyfriend asked for rehab, (having never been to rehab) and the PD said "out of the question".
Now, I know the new law prop 36, regarding rehab, how could I get the PD to even consider it? Espically since he is being so evasive. And why is my boyfriend even being charged. One more thing he is a card-carring member of the Chocktaw Indian Tribe, is there and legal resources out there for him in that direction? Once again thank you for your assistance in this matter.

Robyn
(626)338-3213

[Edited by rentarobyn on 04-24-2001 at 03:27 PM]
 

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