Legal advise needed in Arizona

[aardvarc]

Hello, I live in Texas and are trying to help my brother whom is in jail since May 15, 2013. He used to be a top executive in an engineering firm and then opened a resturant and still has it. He got involved with a girl there and she has a long history of drug use.

For other posters reading this thread - when you KNOW someone has a long history of drug use, you RUN from them....NOT start SLEEPING with them.

After a few years they had a child together that is 5 years old.

Same with making children with persons KNOWN to be long term drug users. It's sad that we have to TELL some people that...but many people STILL let their common sense be over-ruled by their sex drive. The price can be dear, especially to the children brought into this type of drama and dysfunction.

She(the victim) is currently living with her new boyfriend that is a drug dealer. During there dating, she was seeing my brother on the side.

Ok. We've already established a pattern of terrible judgment.

I don't know the full story

That really limits how useful any advise might be.

but she and my brother got in a fight and she put an restrainingg order on my brother

SHE didn't put anything on anyone. She told her story to a judge, he had a chance to respond, and the JUDGE determined that a restraining order was warranted.

He has gotten 2DUI's while seeing this girl

But be very clear. He didn't get 2 DUI's BECAUSE he was seeing her. He got 2 DUI's because of his choice to drink and drive. Twice.

and started doing crystal meth since Nov. of last year.

So basically he's TRYING to totally screw up his life and end up in prison? What other conclusion can be drawn? If he had money for alcohol and meth, he had enough to get himself some help to STOP his destructive behaviors. At least until they totally took over his life - but again, be clear, he did that to HIMSELF.

My brother was a member of the Jehovah witneses but was disfellowed ship because her was living with this girl.

Do they not spell out the consequences ahead of time? Did this come as a complete surprise to him?

Pne day he was high, as she was also and he went over her house to give her some money, but he had promised her $500.00 and he only had $300.00 He had a gun in a holster in the back on his pants.He brought the gun with him because her new boyfriend, the drug dealer hates Randy and was threatening him that he was going to kill him.

Then he really DOES deserve prison. He had exactly ZERO business going over there at all. The way to deal with threats is to call police, make a report, seek a restraining order, etc. The minute the judge or jury hears that he went over there with a gun because he ANTICIPATED conflict, he needs to start putting money in his commissary account at the prison. Being high makes people make piss poor decisions. When those piss poor decisions involve firearms, whether they get pointed at someone or not, there are going to be piss poor consequences.

He had slept with her the night before. She got mad at him and started beating on him and grabbed a chair and beat him to the ground. He called out for help! When he fell to the ground the gun fell out and when the three witnesses got her off of him, he picked up the gun and called her some names and left. He has said to me over and over that he never pointed the gun at her.

But he TOOK the gun over there. That's the whole issue. He should never have BEEN there to begin with.

I even talked to her and she said to me when pointed the gun at me I went after him! She has visited him at jail. At the hearing 2 weeks ago his x girlfriend (the victom) showed up and stated that she is and drug addict and also stated that she would like the charges to be dropped and my brother does not deserve to go to prison, She requested that the court just give my brother probation and AA classes and NA classes as well as domestic violence. The judge listen t to the statement and said another hearing to be set on july 18th.

The victim can absolutely make their wishes known to the court. In fact, her state's victim rights law GUARANTEES her right to express these wishes. However, the court isn't BOUND to those wishes, and the judge can still impose the maximum possible penalty if they so choose.

Randy did not take the plea bargain of 3 years in the prision.He has now hired an attorney to help him.

Finally, he did the RIGHT thing.

I know this is a long story, but I want to tell you everything.

You can't. You weren't THERE. You don't know everything, and you've already told us so.

Randy knows he made some wrong choices and has a nieghbor (a female friend) that has been helping him and they have a romatic relationship.

Oh goody.

He has said to me several times he is through with this girl.What I would like to know, does he have a chance of not doing anymore time?

Absolutely. Whether that chance is 1% or 99%, we're not in a position to guess. Only his attorney, with ALL of the facts, and after evaluating the prosecution's evidence against him, could possibly have any kind of credible opinion on that.

He is through with his x girlfriend and wants to get on with his life

Good. Hopefully he'll get himself some help with his substance abuse issues, and get his life back together.

and get reinstated with the Jehovah witnesses

Ok

and get custody of his little girl. She is in a foster home right now

It'll depend on how long she's been there. Unless dad gets himself through one or more substance abuse programs, gets his life together, has a stable residence, and is ready to show the court that he's in shape to be a primary caregiver, that's not going to happen. The longer the child has been in foster care. the LESS likely the court will be to shake up the child's life, again. If he gets sent to prison, he may not see the child until the child is 18.

His house is in forclosure.

Ouch. That's going to impact his ability to convince the court that he's a stable alternative to foster care.

His attorney has not spoken to him t. We d him $700.00 He said he woukd need another $800.00 We are trying to raise more money by selking his stuff in his home. It has been a nightmare. He is hoping his lawyer can persuade the prosecuter to drop the charges

The prosecutor already offered a deal. If he turned down the deal, then the prosecution is going to full trial. It's NOT getting dropped.

We don't have the funds to go to a trial.

Then he really needs to get with his attorney - if he can't pay his attorney and his attorney will not be handling his defense, he REALLY needs to let the court know, request a continuance, and see if he qualifies for the services of the public defender. The public defender's office will need to get up to speed on his case ASAP if they are to try to present a defense on his behalf.

 

[commentator]

And may I suggest Al-anon for sis here, if she is really sincere about helping her brother. This will give her some suggestions about how to really help a person who is obviously an addict/alcoholic with such serious issues as he obviously has going here. He will suck her dry and kick off the carcass and go in search of another enabling host. No surprise that your brother was once very successful, he sounds very capable and has obviously been able to do well when not in an addictive cycle. Unfortunately, he's using that intellect now to manipulate you.

OP, I know you love your brother, but when he is behaving like this and telling you stories like this (I love the part about how the gun just happened to fall out of his pocket!) giving him money and listening to and believing his addict malarkey about how he's coming back to church isn't the way to help him. You're just someone for him to use to continue his behavior as usual.

At least if he gets prison time, it will force him to maintain his sobriety, stay away from his fatal attraction and MAY prolong his life. You can visit him, give him all the love and support in the world while he's there. And you know, you'll probably find that when he discovers you can't help him get off, get his drugs of choice, give him money, he won't be willing to give you the time of day.