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Please Help - Advice needed

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jgs9000

Junior Member
All the information pertains to the state of PA - Alleghany county.

I need some advice regarding a specific case. I hope someone professional could comment, but anyone with useful information would be great. Thank to anyone or any help in advance, it is more than greatly appreciated.

Here is the case and run-down... I've got the chance to meet a girl and her family shortly after her father was put in jail for over 50 marijuana plants. They were grown in the back yard of their residents and the case was appealed once from the magistrate to the district court in Alleghany county. I did very little research, but his sentencing seemed fair based on the circumstances. He used a public defender, did not take a plea, and appealed the case so it was taken to the city. He was charged with "35 § 780-113" which in tales Manuf/Del/Poss/W Int Manuf Or Del. The sentence was min. 5yrs and max. 5yrs. So far he has served 1.5yrs which has been difficult for the family at home so far.

I never got the chance to meet him yet, but I've grown to know the family really well. There is only the mother, daughter, and 3 sons at home. One son left for the army a couples months ago and this past weekend the other son pasted away who was 20yrs old and reason is still unknown. There is only the 1 son left in the house(26yrs old), my girlfriend ( 17yr daughter), and the mother. This past weekend has been terrible for the family and I can only imagine the pain her father is in knowing his son past away only 20yrs old. I can see this family struggling right now because their father is not present and no one can do anything. The family is suffering more not having their father than him serving a sentence.

Seeing how marijuana is becoming a more medical and publically used drug I don't understand how he does not have a good reason and argument to get the sentence reduced. This family needs their father and he is being punished wrongfully. They have financial difficulties so finding a "good" lawyer is difficult. He never had a lawyer and instead a public defender handled his case.

Because of this tragic event back at home I also feel like a judge who re-evaluated this case might have some sympathy to reduce the sentence given the events that have taken place. Her father has done great in jail and has caused no problems. He is at a state prison near Philly. I want to do my best to make sure nothing else can be done to get him home. I can see her family suffering without him and I try my best to be around them and make them feel better. There is so many more details I could write about why he needs to be home, but the fact is I want a honest answer from someone who knows the legal system. We don't even know if her father will be able to make the funeral because it needs to be funded so he is accompanied by 2 guards for the whole time. I feel awful, but this may be the very least I can do for him and them. I know his public defender might have got an appeal prior to his son’s death regarding a dispute in some evidence they used against him. Although I feel like either way an sympathic judge would shorten his time and at the very least let him be home on house arrest or a half way house.

I hope someone can reach out and help because I need any answers I can find. Let me know if this needs to be posted elsewhere and if there is any more information needed for some advice.

Thanks you and God Bless you all.
 


jgs9000

Junior Member
also worth noting is if a "good" lawyer is needed to handle this case I know we could find a way to get the money together. I don't expect anything to happen quickly, but I feel like having a lawyer vs a public defender handle anything like this is all worth it.

thank you
 

Zigner

Senior Member, Non-Attorney
Who is this "girl" to you?

ETA: Never mind - it's your girlfriend.

I think now would be a GREAT time to find a girl without baggage.
 

jgs9000

Junior Member
girlfriend who I've met and since dated for closer to 2yrs now. And she has never gave me a reason to give up on her or her family. The easy way might be to pick up leave and continue focusing on my life or another realationship, but so far it has not stopped me from pursing a degree in engineering or focusing on myself. Either way I won't give up on her family or her. For me, not knowing what can be done is alot more stressful than knowing nothing can be done. Hence why I posted this to get any advice that I may be able to forward or pursue.
 
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ERAUPIKE

Senior Member
To me this looks like a case of someone actually learning their lesson. I doubt the father will ever consider breaking federal or state drug laws after his release from prison.
 

jgs9000

Junior Member
My answer to you is that the guy in jail is the one who brought this all on. The consequences were foreseeable.

You are right, but I've never been a person to turn away from someone based on their families decisions or problems. I know your not in my shoes and you might have different opinions than I, but trying to help someone I care about has never been something I'd turn away from. I know its not my problems or concerns, but finding a solution or answer has always been my job as a engineer despite the challenges.

To me this looks like a case of someone actually learning their lesson. I doubt the father will ever consider breaking federal or state drug laws after his release from prison.
Lets sure hope so. Its not my problem, but doing what I can to help does not hurt and I am sure everything happens for a reason whether it be good or bad.
 
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sandyclaus

Senior Member
I'm sure that the judge in the case took everything into consideration when he handed down the sentence.

And as much as the father being put away in prison is hurting the family, he had to know that what he was doing was against the law. It's unfortunate that his family has to suffer for his crime in this way, but as a previous poster stated, the consequences were foreseeable. If he didn't want to do the time, he shouldn't have done the crime. Now, Dad is finding out just how severe those consequences can be, especially since he might miss out on his son's funeral.

While it is kind for you to care so much, you really need to grow up and understand that not every problem has an easy solution. This one is not something you have the power to fix.
 
You are right, but I've never been a person to turn away from someone based on their families decisions or problems.
You should modify custom this to exclude people doing felonies ... just saying ..

Tragic event? You have got to be kidding. Recommend you watch the first minute and a half of the 70's show Baretta.
 

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