Help

[luvtiels]

What is the name of your state? Washington

I was arrested for selling Methadone to a "friend", using undercover drug money. It was a setup, but I didnt know it at the time. I told her I didnt want the money, but she insisted. She gave the cops the drugs in return for some money, which she passed to me in view of them. Like an idiot, I took the money, and was arrested. Now I may be facing at least a year in prison or home monitoring. I am allowed to have Methadone, I have a prescription for chronic back pain. Is there any hope of avoiding prison? This is my very first offense, never been in trouble before. That I was busted in the first place was a complete fluke.

Trial is set for the 27th of Nov., but it seems my public defender hasnt been doing much to help me. I'm on SSI and cant afford a lawyer. I don't think he personally likes the charge against me, and is not doing much to defend me at all. What are my options?

 

[FlyingRon]

Did you give her the methadone? It's not even legal to give the stuff away.

 

[luvtiels]

Yeah, I did give it to her. She told me she was in pain, and was out of her own meds. I kinda felt sorry for her - I know, hindsight is 20/20.

 

[racer72]

but it seems my public defender hasnt been doing much to help me.

I have a friend that works as a public defender in King County. At any one time he has 40 to 50 clients. He works about 60 hours a week. He spends about half his working hours in court. He has to write briefs. He has to attend meetings. He has to meet and question potential witnesses. Do the math, this leaves very little time for personal one on one interaction with his clients. It may appear your court appointed attorney is doing nothing but you are getting the minimum legal representation as required by law.

 

[luvtiels]

As this was my first offense, I was plenty scared, and was not clear-headed. The one cop (there were 3) was all nicey-nice and said that if I help him that he would help me. I dont know anything about illegal drugs. I distance myself so far away from that world. I know too many people who have been screwed up by drugs. I think he thought I was part of some drug ring they were looking for, but I am not. I'm just little ole me, trying to survive. I am very naive(sp?) when it comes to drugs and crime. They all scared the crap out of me, and they searched my car (found nothing) and my house (more Methadone, of course, having a prescription for it). I asked what would happen if I didnt consent to them searching the house, and they said "we'd break the door down and tear up the house". No mention of any warrant, or coming back later. I was scared enough to give to go ahead to search. They at no time searched me or my walker (I am disabled and use a walker). None of them ever laid a hand on me. But they scared me enough with their threats. They did read me the rights before they asked me anything. I was stupid and scared enough to waive them, I guess. I've never done this before.

 

[luvtiels]

So far the best my PD (public defender) has come up with is 12-18 months in prison. Everyone I have talked to says that prison for a first offense on just about anything is ridiculous. I tend to agree. Trial starts next week, and if he doesnt come up with something better, I'm gonna ask for another PD, and waive the speedy trial. I am not going to prison for a first offense. Even my step-daughters, who have been in the system many times, didnt get prison time until their 3rd or 4th arrest. And it was all drug-related stuff, too. Doesnt it sound like this PD is on some type of "witch hunt" and want me behind bars? It seems that he's most concerned with that I was making a profit off the government, cuz I get the prescriptions thru Medicaid. I'm not even sure he's talked to the prosecutor about this. He sends me voice mail a couple weeks ago saying that it looks good for reducing the charge to jail time, converted to home-monitoring, and now he backtracks, and says prison?? No way, dude. Oh, btw, I don't even give the stuff away anymore.

My hubby was nailed for DUI several years ago and got deferred prosecution. Got clean and sober, and stayed that way, since 1988. So do I have a chance at that? I have heard of several people getting nailed for variouse things worse than this (selling) and getting probation, or something else - NOT prison time. Is there even a possibility of a deferred prosecution here? Or home-monitoring?

 

[HomeGuru]

So far the best my PD (public defender) has come up with is 12-18 months in prison. Everyone I have talked to says that prison for a first offense on just about anything is ridiculous. I tend to agree. Trial starts next week, and if he doesnt come up with something better, I'm gonna ask for another PD, and waive the speedy trial. I am not going to prison for a first offense. Even my step-daughters, who have been in the system many times, didnt get prison time until their 3rd or 4th arrest. And it was all drug-related stuff, too. Doesnt it sound like this PD is on some type of "witch hunt" and want me behind bars? It seems that he's most concerned with that I was making a profit off the government, cuz I get the prescriptions thru Medicaid. I'm not even sure he's talked to the prosecutor about this. He sends me voice mail a couple weeks ago saying that it looks good for reducing the charge to jail time, converted to home-monitoring, and now he backtracks, and says prison?? No way, dude. Oh, btw, I don't even give the stuff away anymore.

My hubby was nailed for DUI several years ago and got deferred prosecution. Got clean and sober, and stayed that way, since 1988. So do I have a chance at that? I have heard of several people getting nailed for variouse things worse than this (selling) and getting probation, or something else - NOT prison time. Is there even a possibility of a deferred prosecution here? Or home-monitoring?

**A: thank you for your story.

 

[luvtiels]

Question about home monitoring??

Well, a plea agreement has been reached, I think. In return for a guilty plea to delivery, I'll get 3 months of home monitoring, which I know is getting off very light. But in view of tha fact that I am disabled, and have over 20 medical dignoses, I don't think that incarceration would've served anyone. Now I have a question. :

I have lower limb lymphedema, which means my lymphatic system isn't working right and my legs swell up with fluid. My doctor has advised me to never put anything around my legs or ankles because of this. This means I cannot wear an ankle bracelet for electronic monitoring. There is a statute concerning this, BTW : Washington State RCW
******************************************************
RCWs > Title 9 > Chapter 9.94A > Section 9.94A.728
9.94A.725 << 9.94A.728 >> 9.94A.7281

RCW 9.94A.728
Earned release time.

(c) The secretary shall require electronic monitoring for all offenders in extraordinary medical placement unless the electronic monitoring equipment interferes with the function of the offender's medical equipment or results in the loss of funding for the offender's medical care. The secretary shall specify who shall provide the monitoring services and the terms under which the monitoring shall be performed.
************************************************************

What could the alternatives be? Just plain probation with periodic checkins? I can't believe that they would send me to prison just because I can't wear an ankle bracelet.

I go in Monday to fill out the paperwork, so a speedy answer is of the essense, please.

Thank you,

Linda

 

[HomeGuru]

Well, a plea agreement has been reached, I think. In return for a guilty plea to delivery, I'll get 3 months of home monitoring, which I know is getting off very light. But in view of tha fact that I am disabled, and have over 20 medical dignoses, I don't think that incarceration would've served anyone. Now I have a question. :

I have lower limb lymphedema, which means my lymphatic system isn't working right and my legs swell up with fluid. My doctor has advised me to never put anything around my legs or ankles because of this. This means I cannot wear an ankle bracelet for electronic monitoring. There is a statute concerning this, BTW : Washington State RCW
******************************************************
RCWs > Title 9 > Chapter 9.94A > Section 9.94A.728
9.94A.725 << 9.94A.728 >> 9.94A.7281

RCW 9.94A.728
Earned release time.

(c) The secretary shall require electronic monitoring for all offenders in extraordinary medical placement unless the electronic monitoring equipment interferes with the function of the offender's medical equipment or results in the loss of funding for the offender's medical care. The secretary shall specify who shall provide the monitoring services and the terms under which the monitoring shall be performed.
************************************************************

What could the alternatives be? Just plain probation with periodic checkins? I can't believe that they would send me to prison just because I can't wear an ankle bracelet.

I go in Monday to fill out the paperwork, so a speedy answer is of the essense, please.

Thank you,

Linda

**A: good luck.

 

[luvtiels]

**A: good luck.

Thank you.

That really wasn't an answer, but I'll come back here after court later this morning and let you know what happened. I consider myself extremely lucky.

 

[HomeGuru]

Thank you.

That really wasn't an answer, but I'll come back here after court later this morning and let you know what happened. I consider myself extremely lucky.

**A: you may or may not be lucky.

 

[luvtiels]

**A: you may or may not be lucky.

Actually, I was very lucky. Both sides agreed to a plea agreement, in which I pled guilty to delivery, in exchange for 90 days of jail alternative. Which means community supervision. Since I can't wear the ankle bracelet, we're (the PD and me) hoping that they will be okay with the honor system, which basically is what I've been doing from July (when the arrest occured) until now. And, 1 year probation. Plus $1500.00 in fines**court costs.

The reason the prosecution agreed to this was, in addition to all the medical/psych problem I have, "she was very cooperative with the police. She let them search her car, she let them search her house, she was honest with them" da da da. Well, I didnt really think I had a choice!! I really believed that if I didnt let them search my house, they were gonna rip the door off and tear the house apart. They said nothing about getting a warrant or coming back later. Yeah - I was honest, I blabbed everything!! They had me so darned scared that I really didnt know what I was saying, but I also knew that if I asked for a lawyer, I would have been hauled off to jail that day, and I'd have probably stayed there until now. That, I COULD NOT DO. My husband does not know anything about this yet. I don't start sentence until Jan 7, 2008, so I think I'll wait until after Christmas to tell him. I also have animals at home, and someone had to care for them while hubby was at work all night.

Anyways, it all worked out in the end, thanks to my public defender, whom I thought I was going to have to fire. Turns out he did great!!

Linda ~~~~