Felony Eluding

[Lorind]

My husband is facing a felony eluding charge. At the time he was suffering from addiction and was very sick. All he cared about was using so when an officer attempted a stop he took off and was arrested the following day. He has worked very hard to beat the addiction and is now sober. He has a job, and is in a treatment program. He has a public defender that we found out has no experience in criminal law. He just joined a general practice firm in May and prior he was doing environmental law. He called 2 days before a court date scheduled for today saying he received an offer. Prior I think we had 1 quick call with the guy. The prosecutor wants 75 days in jail and the felony conviction period. The lawyer said he shouldn’t bring up the addiction and how my husband has turned things around and did nothing with the letter the therapist wrote to document that he’s doing really well in treatment. To me that’s huge, he will lose his job and everything he’s worked for if he goes to jail I’m afraid recovery could be derailed. We are low income but I feel like hiring a lawyer with experience is necessary in this case. I’m hoping to hear opinions from all of you, im
Stressed to the max trying to figure out how to deal with this

 

[PayrollHRGuy]

You posted this at around 3:00pm Central Time saying court is today. It may be a little late to find a private attorney.

 

[quincy]

You also failed to mention the name of your state.

Addictions generally do not get worse in jail because there is no access to illegal drugs in jail. Withdrawal can be difficult for those not in treatment prior to incarceration, though.

The public defender works for your husband. If your husband does not agree to accept a plea deal, he can tell his attorney to negotiate a better agreement or go to trial (with the hope he will come away better rather than worse - although there is no guarantee of that).

Private criminal defense attorneys can be costly but your husband might find one willing to work out a payment arrangement.

Good luck.

 

[LdiJ]

You also failed to mention the name of your state.

Addictions generally do not get worse in jail because there is no access to illegal drugs in jail. Withdrawal can be difficult for those not in treatment prior to incarceration, though.

It is my understanding that withdrawal with some drugs can be deadly if not handled properly. At least, that is what I have been told about opiates and meth. I may not have been given accurate information, but it made sense to me.

 

[quincy]

It is my understanding that withdrawal with some drugs can be deadly if not handled properly. At least, that is what I have been told about opiates and meth. I may not have been given accurate information, but it made sense to me.

Yes. Withdrawing from drugs can be dangerous and deadly if not monitored.

Here is a link to the Federal Bureau of Prisons on detoxification:

https://www.bop.gov/resources/pdfs/detoxification.pdf

The way a jail handles addicted offenders can vary significantly from how a prison handles addicted offenders.

 

[xylene]

The lawyer said he shouldn’t bring up the addiction and how my husband has turned things around and did nothing with the letter the therapist wrote to document that he’s doing really well in treatment.

His lawyer is correct.

Stressed to the max trying to figure out how to deal with this

bluntly: the above sounds VERY codependent.

 

[Lorind]

Sorry, to clarify there was court earlier today but it wasn’t a trial. We def have some time to find a new attorney.

The state is Maine. What I meant when I said I’m afraid it could harm recovery is his mental state. He’s worked really hard to get clean and into a program plus getting a good job. 75 days in jail he would lose the job and around here with treatment programs he would need to start over and reapply for the program. It’s been a rough battle and to lose what he worked for would be a huge stress, I’m scared of relapse with such stress. Finding a job after a felony sounds extremely stressful. I agree there should be consequences but I feel a lawyer more experienced in criminal law could work out a lighter sentence.

 

[quincy]

Sorry, to clarify there was court earlier today but it wasn’t a trial. We def have some time to find a new attorney.

The state is Maine. What I meant when I said I’m afraid it could harm recovery is his mental state. He’s worked really hard to get clean and into a program plus getting a good job. 75 days in jail he would lose the job and around here with treatment programs he would need to start over and reapply for the program. It’s been a rough battle and to lose what he worked for would be a huge stress, I’m scared of relapse with such stress. Finding a job after a felony sounds extremely stressful. I agree there should be consequences but I feel a lawyer more experienced in criminal law could work out a lighter sentence.

Thank you for providing your state name.

If you feel a private attorney can devote more time and attention to your husband's case than his public defender, and can work out a better agreement with the prosecutor, you and husband can use the time you have available to search for a private attorney.

An initial interview with the attorney(s) might give your husband an idea if the offered plea deal is a good one or if a better one might be possible.

Good luck.

 

[Eekamouse]

Sorry, to clarify there was court earlier today but it wasn’t a trial. We def have some time to find a new attorney.

The state is Maine. What I meant when I said I’m afraid it could harm recovery is his mental state. He’s worked really hard to get clean and into a program plus getting a good job. 75 days in jail he would lose the job and around here with treatment programs he would need to start over and reapply for the program. It’s been a rough battle and to lose what he worked for would be a huge stress, I’m scared of relapse with such stress. Finding a job after a felony sounds extremely stressful. I agree there should be consequences but I feel a lawyer more experienced in criminal law could work out a lighter sentence.

The prosecutor doesn't have to give a defendant a lighter sentence simply because the defendant is in recovery. Your public defender may have gotten the best deal the prosecution is willing to offer. What kind of prior record does your husband have?

 

[mjpayne]

Sorry, to clarify there was court earlier today but it wasn’t a trial. We def have some time to find a new attorney.

The state is Maine. What I meant when I said I’m afraid it could harm recovery is his mental state. He’s worked really hard to get clean and into a program plus getting a good job. 75 days in jail he would lose the job and around here with treatment programs he would need to start over and reapply for the program. It’s been a rough battle and to lose what he worked for would be a huge stress, I’m scared of relapse with such stress. Finding a job after a felony sounds extremely stressful. I agree there should be consequences but I feel a lawyer more experienced in criminal law could work out a lighter sentence.

Eluding an officer is a class C crime per: http://legislature.maine.gov/statutes/29-A/title29-Asec2414.html
That seems to be the first category of crime that is in the "felony" category (1+ years incarceration) and he can get up to 5 years in prison. If he goes to trial, he can potentially get 100% of that, as the entire point of getting him to plead is that the prosecutor doesn't want to spend time going to trial, so if you make them go, you're generally looking at something closer to the max.

https://www.centralmaine.com/2018/01/17/wilton-man-sentenced-for-eluding-police-in-chesterville/

This guy took a plea deal and ended up serving 30 days of a 1-year sentence. Ask your PD what he's actually looking to serve of the 75 days. Alternatively, see if your PD can change the plea to different category of crime, but with a higher monetary fine (if you have the $). That way you can try and avoid the felony, which sucks a LOT more than any misdemeanor once he's out.

 

[quincy]

The husband was charged with felony eluding. What has not been said is why the police were originally trying to stop the husband.

If the reason for the stop was that the police suspected impaired driving, the husband mentioning his addiction can be problematic for his defense.

 

[commentator]

We understand that you are very proud of your husband's newly found sobriety/clean time. However, the court has seen it all before. The reason that an addict would want to become sober and stop these behaviors is that they have really severe consequences, pretty much life altering, and many of the people who are so charged find it an inspiration to get into treatment and have a change of life direction, before their court date.

However, that your husband has made dramatic life changes after his arrest, while it is a wonderful thing, does not always give you a huge amount of credibility or consideration from the court system. "But he's doing so well now! Taking him to jail might mess up his sobriety!" does not go far, especially if it is not coming from him, but from you, who are obviously very invested, very encouraging and very co-dependent.

Believe me, I do understand. I also have seen many dedicated significant others who are terribly concerned about the fragile recovery of their addict. You may be able to find and hire another attorney, but I am not really convinced that you will not find significantly improved results as far as what they are going to give your husband. But it does not hurt to try. The attorney you retain may be able to advise you better about the local situation and attitudes, perhaps diplomatically present the situation in such a way that it is a positive and or to bring up what has happened in a helpful way.

 

[HighwayMan]

...the felony, which sucks a LOT more than any misdemeanor once he's out.

Brilliant analysis.

 

[Eekamouse]

My husband is facing a felony eluding charge. At the time he was suffering from addiction and was very sick. All he cared about was using so when an officer attempted a stop he took off and was arrested the following day. He has worked very hard to beat the addiction and is now sober. He has a job, and is in a treatment program. He has a public defender that we found out has no experience in criminal law. He just joined a general practice firm in May and prior he was doing environmental law. He called 2 days before a court date scheduled for today saying he received an offer. Prior I think we had 1 quick call with the guy. The prosecutor wants 75 days in jail and the felony conviction period. The lawyer said he shouldn’t bring up the addiction and how my husband has turned things around and did nothing with the letter the therapist wrote to document that he’s doing really well in treatment. To me that’s huge, he will lose his job and everything he’s worked for if he goes to jail I’m afraid recovery could be derailed. We are low income but I feel like hiring a lawyer with experience is necessary in this case. I’m hoping to hear opinions from all of you, im
Stressed to the max trying to figure out how to deal with this

Do you know how many times the judge and the prosecutor have heard that the defendant has turned things around? Don't think that will give him an automatic get out of jail free card because it won't. What sort of criminal history does your husband have? That could be playing a part in why he's being offered what he's being offered. I kind of don't think this is his first rodeo.

 

[mjpayne]

Do you know how many times the judge and the prosecutor have heard that the defendant has turned things around? Don't think that will give him an automatic get out of jail free card because it won't. What sort of criminal history does your husband have? That could be playing a part in why he's being offered what he's being offered. I kind of don't think this is his first rodeo.

I'd be more worried about the life-long felony conviction than the 75 days in jail. I'd rather do twice that and NOT have a felony when I get out.