Court Again **UPDATED**

Discussion in 'Substance Abuse' started by DDD, Oct 29, 2007.

  1. DDD

    DDD Well-Known Member

    Although I expect it will be another continuance, if you have
    the time to cross a body part or chant or :smile: whatever
    to send good vibes for easy child/difficult child I'll appreciate it. The P.D. has
    been notified three times that he wants to talk to him about a
    plea deal. So far the P.D. hasn't shown up at the jail.

    Some guys with valid and bigger charges have been able to agree
    to do a year locally and then have no probation when they get out
    at the end. The probation has been the big issue as he can be
    stopped for no reason any time, any place by anybody and charged
    with "being with people who appear to be doing something wrong"
    or "appearing to have imbibed" or for not having matching socks..
    it seems. He is prepared to stay local if he can get that off
    his back. I'm not optimistic for him but I do sincerely believe
    it "should" be acceptable.

    I'll let you guys know what happens. DDD
     
  2. Ephchap

    Ephchap Active Member

    I'm crossing body parts, as I type here, DDD. I hope they agree to do what's best for him. It's been a long time coming.

    Also sending many hugs and prayers,
    Deb
     
  3. SunnyFlorida

    SunnyFlorida Active Member

    Crossing as many things as I possibly can. :sword:

    Whatever happened to the judge wanting some sort of facility for him? Knowing FL that's probably a 28day program which isn't going to do anything and then that SA would still want his pound of flesh from easy child/difficult child.

    do you think it's time for Suz's naked chicken dance?
     
  4. DDD

    DDD Well-Known Member

    Hmmmmmmmmm....good questions, Sunny.

    I "think" we better save Suz's naked chicken dance for a full blown crisis Court situation. Don't want to waste it on a continuance. The girl's been workin' so hard lately I don't
    think she would be up to multiple dances. LOL DDD
     
  5. Sunlight

    Sunlight Active Member

    may justice prevail..whatever that is.
     
  6. standswithcourage

    standswithcourage New Member

    Ditto! to Justice! :smile:
     
  7. everywoman

    everywoman Active Member

    Hopefully all went well DDD. I wish that mine had just taken the time in county and been done with. This probation stuff is tough. He lives in a constant state of anxiety all the time. It may have been easier to just "do the time."
     
  8. meowbunny

    meowbunny New Member

    Crossing fingers for you today. Hope it goes at least semi-well.
     
  9. PonyGirl

    PonyGirl Warrior Parent

    Continued good thoughts.......How long has he been locked up? It's been a few months, hasn't it? Wondering if there's any chance of a judgement for "Time Served" period amen....

    Is there any plan in your mind for when he's released?

    Peace
     
  10. DDD

    DDD Well-Known Member

    Well I have to admit that I didn't sleep well last night. At
    around 8, easy child/difficult child called me and told me that the P.D. had spent
    over an hour visiting with inmates and never spoke to him. He
    was upset. Two of the other guys told Mr. X "easy child/difficult child is eager to
    talk with you" and the response was "I am only seeing the people
    on my list tonight." Since three notes had been sent from the
    jail to the PD asking for a conference and since I had called in
    a request, easy child/difficult child was more than a little upset.

    I said the appropriate things. I actually wanted to scream
    WTH!!!!!!!! LOL But, I told him to remember the Serenity Prayer,
    reminded him that we had no way of "knowing" what the PD was or
    was not doing, blah blah blah. Then I reminded him that even if
    he was continued again that it really didn't matter as the longer
    he was there the more time served credit he would have etc.
    Geez........I hate all this!

    At 9 or so the phone rang again. It was the P.D. calling to
    talk with me. Yes, I was shocked but pleased that he took the
    time to reach out. Bottom line does not sound good. He tells
    me that he has shown the existing medical work to the attorney
    from the SAO "and he did read it while I stood there". The guy
    says 24 months in prison. He has explained the post surgical
    learning curve time table. The guys says 24 months in prison.
    He has pointed out that easy child/difficult child has committed no new crimes AND
    has cognitive issues. The guy says 24 months in prison. He has
    pointed out specific cases of young men who have committed crimes
    against people and been violated who are NOW OFFERED NINE MONTHS
    local time. The guy says 24 months in prison.

    The PD is going to give one more try this morning BUT does not
    feel any reason to be optimistic AT ALL. He says each one of
    the attorneys in the SAO gets to make decisions on "their" cases
    and the young dude who has easy child/difficult child believes that "when you violate
    probation you are snubbing your nose at the law and need to be
    punished with prison time".

    Then......I asked him "is the jail newsline correct? are you
    leaving the community soon?" Answer: Yes. Tomorrow is my last
    court day. My cases will be taken over by others at the PD
    office. I wanted to call you and let you know that I HAVE tried
    for your son. I have gotten permission for the State to have
    him evaluated at State costs by an expert in XY a City about
    1.5 hours from here. I truly don't think your son can or should
    be expected to follow probation rules with his short term memory
    loss. If this physician agrees with Kyle's Psychiatrist then I
    hope the SAO will be reasonable.

    I asked him if he was going to be with the PD office in Z county
    (he's been borrowed by this county as they were short handed)
    and the man said "Mrs. X I am leaving behind PD work. It is not
    possible to overcome the arrogance of the local Judges and the
    new young SAO attorneys who truly believe they have the right to
    make life choices for everyone." I replied "I thought it would
    be helpful to get a copy of the transcript where the Judge told
    the attorneys that he did NOT want my son to go to prison and
    asked them to provide s.a. program options. Wouldn't the Judge
    be angry that his dictate wasn't followed?" The PD replied in a
    sad tone "Mrs. X that man doesn't care enough to be angry. He
    wants glory and headlines. He will say one thing on Tuesday and
    reverse it on Wednesday and deny he ever said it."

    So, my friends, although Court is going on now I am saddened to
    hear my opinions of the local system verified by a professional
    who is actually leaving the community. I am angry that someone
    has a son who is offered nine months for committing a crime and
    my son, with a Traumatic Brain Injury (TBI), is seen as a future prison statistic.

    Somehow I will find a way to get money to hire the "gun" of defense attorneys. I don't mean to whine but I do think it is a
    blankin' shame. Keep praying when you have time. DDD
     
  11. KFld

    KFld New Member

    Sounds like this may not be the best time to stick with a public defender.

    Don't apologize for whining. You have plenty of reason to whine.

    There is a time when we feel our children deserve to only have a public defender, then there are times that we know in our hearts that they will benefit from us scraping up the money to hire a good attorney. This sounds like one of those moments to me.

    Do what you need to and know I stand 100% beside you, not behind you, that would be too far away :smile:
     
  12. Sunlight

    Sunlight Active Member

    I hope if you choose to hire a private atty it works for you. however, I have found that PD's by law are required to do the best defense anyone could. this last time with ant, the PD did all he could and we later asked a privte atty if he could have done any better, he said he could not.

    I feel a lot of the judges etc have heard it all and are very tough on repeat offenders esp those who violate probation. ant's violation of probation kept him from getting into a program that is new for substance abusers. he is labeled a "habitual offender" and once that happens they can go ahead and slip him back to jail without much thought.
    sad. true.
    hugs.
     
  13. lovemysons

    lovemysons Well-Known Member

    Thinking and hoping and praying for the best!

    hugs and love,
    lovemysons
     
  14. meowbunny

    meowbunny New Member

    I truly wonder what happened to the even the concept of justice, let alone the reality of it.

    I'm sorry for any of our kids where the system can't make exceptions for mental disease or neurological problems. The federal court is mandated by a "point" system, no exceptions are to be made. The state courts are at the vagaries of the judges, who usually follow the recommendations of the prosecuting attorney, no matter how unjust those recommendations might actually be. Some very good judges are forced to sentence people they know need help rather than incarceration so that they can be re-elected and maybe help one or two along the line. IT ALL STINKS!!!!

    I feel bad for kids like Ant, but ones like your grandson are truly getting a raw deal. He no more belongs in jail or prison than a kitten does. I'm sorry and I hope you manage to get in front of the judge on a Tuesday rather than a Wednesday. Who knows? You might get lucky and he might just remember what he said previously.
     
  15. susiestar

    susiestar Roll With It

    DDD,

    I am not in your situation, but agree that sometimes our kids need the pd. And sometimes scraping up the $$ for a private attorney like OJ had is in everyone's best interest.

    Your grandson is getting a bad deal. He is ill, incapacitated, not hurting people. I see no reason for the hard line on him.

    I know my bro got a much lighter sentence and he had3 felonies and could have been in jail for life under 3 strikes.

    This just stinks.

    I am so sorry.

    by the way I don't see this as a whine, I see it as a necessary request for the love and support we all share with each other. I too will do a naked chicken liver dance when needed.

    Hugs,

    Susie
     
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