How The System Works....

DDD

Well-Known Member
These are all the updated facts which gives a fairly complete picture of how the Judicial system works...at least here. This
is from the mouth of the P.D. and the pre/post Court results.
Don't eat while you read because it is enough to make you toss
your cookies IF you can imagine it is your child.

The facts of the "crime" remain. The only crime happened over
two years ago right after easy child/difficult children 18th birthday. The crime was
that Rx. pills were found in the backseat of his unoccupied car.
That is a felony. He was put on five years probation even though
he was visibly impaired from brain surgery and his PD had put in
the record that he "probahly will not be capable of meeting all
the demands of probation due to his Traumatic Brain Injury (TBI)".

He has been in jail 90 days. The SAO want him to go to a Florida
prison for 24 months and have threatened to make it 60 months if
he fights the 24. His PD has provided documentation, including
before and after photographs, of his Traumatic Brain Injury (TBI). The PD keeps trying
to get the attorney to agree to a year in jail and then no probation. Not!

The Public Defender is quitting. He is getting out of this type
of law. He told me "I can't take it anymore. People like your
son do not need to be in jail or prison. The local Judges and
some of the SAO attorneys are just looking at check marks in a
book to build a career. I am sorry. I will try up until my last day on the 5th to get justice for him. I have gotten the
official approval for him to be transported to see a neuro-psychiatric
specialist at the expense of the State in November."

My son has told me of three guys who committed new crimes and
got to leave after six or nine months locally. I asked the PD
"is my son misunderstanding what is happening to other people?"
The PD told me "it all depends on WHICH attorney you get assigned
to handle your case"...he got a young attorney who dreams of
replacing the sorry Judge.

It makes me sick.

Oh yeah, before I go home and try to chill. The SAO made a new
offer today. 24 months house arrest followed by 24 months of
probation. There are sick Mothers in that office. DDD
 

PonyGirl

Warrior Parent
I wish I had better words of support for you, my friend. All I can say is, I hear you.

On the Judge, on the SAO, on your son. I hear you on all of it.

heavy sigh.


Peace
 

Ephchap

Active Member
Ughhh. Glad I wasn't eating. I'm with you, my friend. It makes me sick.

My son was the victim of an over eager prosecutor, so I definitely understand.

Is there any way at all to have your easy child/difficult child's doctor write a statement about his brain injury? Can you somehow get that original verdict that said he could not or would not go to jail or be able to adhere to probation for that long?

Ughhh. I'm soooooooo very sorry, DDD. This is not justice; it's injustice.

Sending mega hugs,
Deb
 

DammitJanet

Well-Known Member
Doesnt Florida have minimum and maximum sentencing laws?

If I am understanding this correctly, he was arrested back two years ago on the pill charge right? What sentence did that carry? Now he has violated on some charge right? What charge did they get him for to violate him for? What kind of time would that carry?

Wouldnt they just activate the original sentence on the pill charge? And then add on whatever the violation charge is?

So say the pill charge was a class H felony which carries probably around a year or so without any other record, and if they add on a misdemeanor parole violation...that couldnt add up to all this!

You really should look up online someplace for sentencing guidelines.

I have found them online for NC, so Im pretty sure they have them for all states.
 

Sunlight

Active Member
two yrs of house arrest???? that would be hard, you would be warden and he would not stay put. it would drive all concerned to an early grave. sigh.
 

KFld

New Member
Did I read that right??? 24 months of house arrest. What kind of drugs are they taking at that court house??????
 

DDD

Well-Known Member
Thanks for being aghast like I am. It is so blankin' bizarre
that sometimes I fear that I am "not getting it". Sadly, though,
I am not misrepresenting nor misunderstanding what is happening.

The original (and only) "pill" charge had a maximum of five
years probation. He got five years probation. His attorney
stipulated that with his Traumatic Brain Injury (TBI) that he might not be able to meet
the demands of probation.

He has been in jail (no bail allowed because he is a felon) for
90 days so far because two policeman took him to jail for a few
hours maybe 5 months ago for "appearing to be intoxicated" and
"acting obnoxiously". They did not use a breathalizer AND they
did not charge him with a crime. Three months ago he was
picked up for a technical VOP..being drunk. It made sense to
me that since he was not tested, had not committed a crime AND
does act erratically on occasion due to the Traumatic Brain Injury (TBI) that it would
be dismissed.

The State mandates do NOT call for prison time for an adult with
one non-violent conviction. The local SAO office, however, has
been sending people off to prison left and right. Supposedly
the county is under investigation because so many people have
been sent to prison from such a small place.

The SAO office HAS a letter from the psychiatrist outlining the short
term memory loss, the cognitive issues and the erratic change in
behavior that easy child/difficult child has experienced. The PD actually told me
on the phone "I personally handed copies to the attorney and
stood there while he read the Doctors papers. He handed them
back to me and said...24 months."

Logic doesn't work. I am a logical thinker. This is "off the
charts" no matter how I look at it. I'm going to get the $7500
ready and make an appointment. in November with the best attorney in
town. easy child/difficult child tells me on the phone "a couple of guys have used
a lawyer by the name of xyz and he only charges $3500...maybe
that is better to get someone from out of town."

Truthfully I think this is a big factor in my husband being sick. He
is even saying things like "maybe he'll be home for Christmas".
Not! I hate to be pessimistic but I can't let him get to hyped
up. I make some benign comment like "yeah, that would be great
but we best not count on it" or "I hope so too".

Thanks for listening. The Traumatic Brain Injury (TBI) local group meets again next
week and I will attend. Sadly I think the PD is correct. He
says that the SAO doesn't care who advocates etc. I will continue to do all I can do...but it is tiring. DDD
 

DammitJanet

Well-Known Member
DDD...

I agree its time to get the hired guns. If the state mandates are not being followed then something has to be done. Even if they have to move for a change of venue. This is idiotic.

Honestly, when this is all done, you really need to think about moving.
 

lisae

New Member
Oh this is a terrible thing to go through. Can you contact your legislator for your district and plead your son's case? Sometimes all the politicians are buddies and don't want to see bad press. For that matter, can you involve the press?

Is there an Office of Court Administration for Florida, who oversees these attorneys AND judges? Can you contact the Judge who is the "boss" of the local one and outline the situation? Always put it in writing and stay professional and calm in your tone.

I also agree with hiring the best attorney you can afford, but I know in my County that if you hire one from out of town you lose the 'familiar with the local system' element....
 

DDD

Well-Known Member
Our plan has been to "try" to relocate this year. We have a few
bucks put away etc. BUT those bucks will be used to get easy child/difficult child
out of the system plus (not to sound dramatic, lol) we are old.
With husband 75 and me now in my late 60's relocating with a teenager
and a Traumatic Brain Injury (TBI) young adult would be a BIG challenge. Some days I am
up to facing the relocation stress. Other days I just feel a bit
fearful of uprooting and trying to reestablish a home, new doctors
etc....especially since husband has been under the weather for such a
long time. The other major factor is that economy in our part
of Florida is truthfully dreadful. The housing market is dead.
I don't mean it is dying...its' pushing tulips! Business is so
far off that a paper company (40 years and national) pulled out,
two concrete companies have laid off almost everyone after over
30 years with no layoffs, the auto dealers have discounted to the
point of ridiculous, the sod companies (who never have been too
stable) have parked all their trucks and trailers etc. etc. etc.

I've always done anything and everything I could to nurture my
children but this situation is bizarre and frightening. Thank
heavens for the Board.

by the way, it is premature to reach beyond the local judiciary as there
has been no adjudication. The SAO is the power place right now
and there is no safety check system for the Prosecuting office.
That is why Mike N. (can't remember the name) was able to ruin
the lives of those young men at Duke. If their parents didn't
have BIG money and BIG power connections, their sons would be
doomed. It is a travesty really. DDD
 

KFld

New Member
I know the thought of relocating would be exhausting, but look how exhausting all of this is. If you didn't have all this drama to be exhausted by, then maybe relocating would help you to be able to settle down and get away from all this drama in your lives. Sounds to me like this is what you will always be going through for one reason or another if you continue to live there.
 

Mikey

Psycho Gorilla Dad
DDD: I am so sorry you are going through this. My family has a similar story with my brother, only in his case they threw the book at him on trumped up charges because he was a cop. They even went so far as to "double charge" and convict him (theft and malfeasance in office), which you can't do because they're considered the same offense.

After he was found guilty on four counts (two theft, to MIO), he went to prison on a 20+ year sentence. He had to fight for four years at the 5th Circuit Court of Appeals. First was on the sentencing because the judge went far beyond what both the prosecutors and the PD were asking for. 5thCC agreed, remanded it back to the judge for reconsideration and resentencing, which he promptly did - he resentenced him to his original sentence! Second was on the MIO charges. Bro was finally able to get the 5thCC to overturn conviction on the two MIO charges because they were considered double-jeopardy with the theft charges.

Afterwards, the 5thCC sent another demand to the judge for reconsideration of the sentence on the remaining charges - this time with specific guidance. There was also the subtle hint that if the judge balked this time, that the State Supreme Court and the state BAR association might get involved. Bro finally ended up serving 7.5 yrs, only about 2 yrs less than if he'd served the full sentence with good time.

I say all this because we discovered that there is help out there. The ACLU wouldn't take his case, but provided some great information to his lawyer on the double jeopardy thing. Local advocacy groups with ties to the BAR in our state also helped shape the arguments at the 5th Circuit. Ultimately, Bro's jailhouse lawyer efforts, combined with his attorney and outside help prevailed - but it was a long fight.

My message is that there may be help out there that you haven't yet found, so keep looking. Also, that the judge on your son's case is NOT the final authority on what happens; if ever there was a situation that screamed "appeals", this is it. (unfortunately, though, you can't appeal until convicted and sentenced, so hopefully this is an option you won't have to use).

Finally, DON'T GIVE UP!. You don't always slay the dragon, but dragons can be killed. Get some help, and look in places you haven't looked yet. There may even be some prisoner advocacy groups that would be willing to help you. Look for them - especially ones that concentrate on cases like your son's situation. In my Bro's case, he even had the prosecutor supporting his arguments at the 5th CC! You just never know....

Hope this helps, or at least helps you along for another day.

Mikey
 

DammitJanet

Well-Known Member
DDD...I well know that Mike N guys...he is getting his due right now. He has been disbarred, charged, penalized, and convicted. Now he didnt serve a darn lick of time in jail like his sorry butt should have but he did get in trouble and I assume those boys are suing the living daylights out of the state of NC and him personally.
 

DDD

Well-Known Member
Yes, Janet BUT the reason it unfolded the way it has is because
of BIG bucks and BIG connections accessed via those bucks. Those
boys would be wearing orange jumpsuits if they came from limited
means. If they were born into families with no bucks and no
connections AND not enough sophistication or education to advocate...........those boys would probably be heading for a
cremorium!

Sorry, but I do believe that as ugly as it sounds. DDD
 

Sunlight

Active Member
so sorry, I know the housing market is dead. boyfriend has had his lovely house on the market over a year, lowered the price ridiculously and changed real estate agents. no one even comes to look.
lots of folks are going to be in dire need soon. gas is about 3 bucks a gallon, mortgages with adjustable rates, no wonder people are getting panicky.

I too am very disappointed in the system. many have lied, guards are cruel and the lawyers and POs I have dealt with, just plain dont get it. sigh. hugs. wish I would be able to help. I do have two spare bedrooms recently refurbished..lol if you need a break.
 
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