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Need help to cope if he gets 15 yeard jail
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<blockquote data-quote="Mikey" data-source="post: 143046" data-attributes="member: 3579"><p>Star, I can only ditto what the others have said. First contact with prosecutors is <strong>usually</strong> an attempt at "shock and awe". The truth, though, is in the sentencing guidelines that virtually every state uses. I remember with my 'bro who was facing several felonies that the DA was going to throw the book at him, but the sentencing guidelines were actually much less than the threats.</p><p></p><p>One caveat, though. Guidelines are just that - guidelines, not rules. There are exceptions to guidelines, so make sure you know what they are as well. In my 'bro's case, the fact that he was an ex-cop and was being personally persecuted by the Chief of Police allowed the judge to toss the guidelines. Eventually, in appeals court 'bro got the sentences brought back in line, but it was tough. </p><p></p><p>Now, that's the exception, not the rule, but like others have said, get a good lawyer you trust, and get as much info as you can. Good info is the magic that calms the storms in your mind and allows you to make reasonably informed decisions in bad times like this. 15 years is the <em>threat</em>; find out what the likely reality will be (along with potential pitfalls), and work from there.</p><p></p><p>Personally, we saw the same thing happen with McWeedy; when he was originally arrested, he was threatened with up to 18 months in jail for simple possession (no intent to distribute), paraphernalia, and MIP. The truth was that he got diversion instead. Now that he's blown his diversion by dropping dirty on his UA's, and picked up another misdemeanor shoplifting charge, he'll be back in court on both and is now facing over two years in jail. </p><p></p><p>Per his lawyer, though, the reality is likely a revoked diversion, probation, possibly 30 days in the pokey, and rehab. If he screws up again after that, the consequences escalate, until they finally get fed up and <strong>then</strong> they throw the book at you (McW has a friend who went through this, and after repeated trips to court is finally finishing his 24 month sentence in jail).</p><p></p><p>For us, knowing the <em>probable</em> reality vs. the threats helps us make decisions. Could they throw the book at him? Possibly, especially since he's unrepentant and disrespectful. However, even if he gets more than the "normal" sentence, it won't be two years.....</p><p></p><p>Now, for me, I'm pure evil. <img src="/community/styles/default/xenforo/smilies/emoticons/devil.gif" class="smilie" loading="lazy" alt=":devil:" title="devil :devil:" data-shortname=":devil:" /></p><p></p><p>I'm letting McW think the two years is more of a threat than it actually is. I want him to willingly agree to probation, along with rehab and a long-term sober house stay. Hopefully, the threat of long-term jail makes McW choose an option that may keep the threat from becoming reality. Don't know if it'll work, but we'll see.</p><p></p><p>In any case, though, I'll be keeping you and yours in my thoughts and prayers. This is a difficult time - seek peace through good counsel and the support of others who care for you and yours. In my very humble opinion, that's your best chance for success (however you choose to define "success").</p><p></p><p>Ciao,</p><p></p><p>Mikey</p></blockquote><p></p>
[QUOTE="Mikey, post: 143046, member: 3579"] Star, I can only ditto what the others have said. First contact with prosecutors is [B]usually[/B] an attempt at "shock and awe". The truth, though, is in the sentencing guidelines that virtually every state uses. I remember with my 'bro who was facing several felonies that the DA was going to throw the book at him, but the sentencing guidelines were actually much less than the threats. One caveat, though. Guidelines are just that - guidelines, not rules. There are exceptions to guidelines, so make sure you know what they are as well. In my 'bro's case, the fact that he was an ex-cop and was being personally persecuted by the Chief of Police allowed the judge to toss the guidelines. Eventually, in appeals court 'bro got the sentences brought back in line, but it was tough. Now, that's the exception, not the rule, but like others have said, get a good lawyer you trust, and get as much info as you can. Good info is the magic that calms the storms in your mind and allows you to make reasonably informed decisions in bad times like this. 15 years is the [I]threat[/I]; find out what the likely reality will be (along with potential pitfalls), and work from there. Personally, we saw the same thing happen with McWeedy; when he was originally arrested, he was threatened with up to 18 months in jail for simple possession (no intent to distribute), paraphernalia, and MIP. The truth was that he got diversion instead. Now that he's blown his diversion by dropping dirty on his UA's, and picked up another misdemeanor shoplifting charge, he'll be back in court on both and is now facing over two years in jail. Per his lawyer, though, the reality is likely a revoked diversion, probation, possibly 30 days in the pokey, and rehab. If he screws up again after that, the consequences escalate, until they finally get fed up and [B]then[/B] they throw the book at you (McW has a friend who went through this, and after repeated trips to court is finally finishing his 24 month sentence in jail). For us, knowing the [I]probable[/I] reality vs. the threats helps us make decisions. Could they throw the book at him? Possibly, especially since he's unrepentant and disrespectful. However, even if he gets more than the "normal" sentence, it won't be two years..... Now, for me, I'm pure evil. :devil: I'm letting McW think the two years is more of a threat than it actually is. I want him to willingly agree to probation, along with rehab and a long-term sober house stay. Hopefully, the threat of long-term jail makes McW choose an option that may keep the threat from becoming reality. Don't know if it'll work, but we'll see. In any case, though, I'll be keeping you and yours in my thoughts and prayers. This is a difficult time - seek peace through good counsel and the support of others who care for you and yours. In my very humble opinion, that's your best chance for success (however you choose to define "success"). Ciao, Mikey [/QUOTE]
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Need help to cope if he gets 15 yeard jail
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