Question about drug sentencing, and more questions

[momof3boys]

My 18 yo nephew was arrested the other night. He was charged with DUI (I think he was under the influence of LSD, but I'm not sure), and for possession - he had 5 sheets of LSD in his backpack (what does that mean? Is that a lot?), along with $2000. So they are also charging him with intent to sell (or whatever the official words are for that). I'm so worried about him. He's such a great kid, with wonderful parents, and it looks like he's in pretty deep - I can't even believe this is happening. Can you help me understand how sentencing works? I've read that there are mandatory minimum sentences on both the state and federal level. But I don't understand how they work. Is there anyway he can get out of doing time? He seems pretty far into this drug thing - he told his mom that he's addicted to pot and heroin, and he's been dealing for a while. It seems like he needs to be in rehab, but how can he get clean if he ends up in jail? This is all new to us. The police told him that if he rats out his source he could get a lighter sentence, but then does that put him and his family at risk of being harmed by these people? We're from a pretty sheltered world, and this is so foreign to us. He's at home right now, which is confusing to me too. When will they come for him? What can we expect? I'm so worried about this guy. I've known him since he was 3, and he's such a wonderful person. Like I said, I just can believe this is happening. Any advice or info about what we can expect, and how the process works would be great.

 

[Sunlight]

I am not sure if they will sentence him long or not. depends on a lot of stuff, plea bargains etc. my son did narc on a guy and I would not recommend that route. my son is still afraid and was threatened even in jail for telling on someone else.

if someone posted bail, your nephew will be home til he has a hearing. your nephew is getting a sad wake up call. he cannot continue his life as it was.

 

[rejectedmom]

It is unfortunate that your nephew is already an adult. It would have been easier to get him into rehab instead of jail had he been a juvinile. That said however, I think that would be the best course of action to take. Talk to his lawyer if nephew will allow it and ask what kind of plea can be arranged that will get him treatment instead of jail. If he can be bailed ut do it if he agrees to rehab. It will go better for him if he is already in treatment at the time of his trial. most judges will allow them to continue and make it a condition of his parole. If this is his first offense and he gets a judge that is more about rehabilitating than punishing addicts then he has a good chance. As a condition of parole, if he drops out or is caught using again he could end up in jail for a longer time but if he is truly willing to accept help and willing to work a program that shold not be a problem. -RM

 

[Sunlight]

ant had three DUIs in three diff counties in PA. the third one he was not driving but grabbed the wheel while another person was driving, causing an accident no one got hurt in. but he was in control of the car, and he refused BAC tests all three times, he was under 21. it all added up for him. he lost his license til he is 34. he had around 9-10,000.00 in fines. he refused to follow the court orders and spent over two yrs in jail ultimately.
here is the PA rule guide:
Penalties
General Impairment

First offense:
You can face up to six months of probation.
Be hit with a $300 fine.
Attend mandatory alcohol highway safety school.
Be ordered to seek alcohol and drug treatment.
Second offense:
Have your license suspended for one year.
Spend five days to six months in jail.
Get slugged with a fine ranging from $300 to $2,500.
Attend mandatory alcohol highway safety school.
Be ordered to seek alcohol and drug treatment.
Get saddled with an ignition interlock system for one year.
Three or more offenses:
You will be charged with a second-degree misdemeanor.
Have your license suspended for one year.
Get heaved into jail from 10 days to two years.
Face a fine ranging from $500 to $5,000.
Be ordered to seek alcohol and drug treatment.
Get saddled with an ignition interlock system for one year.
High BAC

First offense:
License suspended for one year.
Face anywhere from 48 hours to six months in jail.
Get whacked with a fine ranging from $500 to $5,000.
Attend mandatory alcohol highway safety school.
Be ordered to seek alcohol and drug treatment.
Second offense:
Automatic one-year driver's license suspension.
Get pitched into jail for 30 days to six months.
Be fined anywhere from $750 to $5,000.
Attend mandatory alcohol highway safety school.
Be ordered to seek alcohol and drug treatment.
Get burdened with an ignition interlock system for one year.
Three offenses:
You will be charged with a first-degree misdemeanor.
Automatic 18-month license suspension.
Get bounced into jail for 90 days to five years.
Fined anywhere from $1,500 to $10,000.
Be ordered to seek alcohol and drug treatment.
Get burdened with an ignition interlock system for one year.
Four or more offenses:
You will be charged with a first-degree misdemeanor.
Automatic 18-month suspension.
Get bounced into jail for one to five years.
Fined anywhere from $1,500 to $10,000.
Be ordered to seek alcohol and drug treatment.
Get burdened with an ignition interlock system for one year.
Highest BAC

First offense:
License suspended for one year.
Face anywhere from 72 hours to six months in jail.
Get jabbed with a fine ranging anywhere from $1,000 to $5,000.
Attend mandatory alcohol highway safety school.
Be ordered to seek alcohol and drug treatment.
Second offense:
Charged with a first-degree misdemeanor.
Automatic 18-month suspension.
Ordered to spend 90 days to five years behind bars.
Fined anywhere from $1,500 to $10,000.
Attend mandatory alcohol highway safety school.
Be ordered to seek alcohol and drug treatment.
Get stuck with an ignition interlock system for one year.
Three or more offenses:
Charged with a first-degree misdemeanor.
Automatic 18-month suspension.
Get bounced into jail for one to five years.
Fined anywhere from $2,500 to $10,000.
Be ordered to seek alcohol and drug treatment.
Get saddled with an ignition interlock system for one year.
Other Long-term Consequences
In addtion to court-ordered penalties, you will also get socked by higher car insurance rates that can dog you for the rest of your driving life. Your rates typically will triple, and in some cases your insurance carrier might drop you.
More Information

Chapter Four of the Driver's Manual provides detailed information about Pennsylvania's DUI laws, including the zero-tolerance law for those under 21, implied consent to BAC testing, driving impaired by medication, and the interstate Driver's License Compact.

 

[kris]

<span style='font-size: 11pt'> <span style='font-family: Georgia'> <span style="color: #990000"> janet, i don't understand you use of the term "burdened with-the interlock system". do you feel this is an unjust consequence for driving under the influence? i sure don't. i think it's a fair natural consequence.

there is more here than a DUI. i suspect he will be charged with-more than one felony...possession & intent to sell. with-a good lawyer he may be able to plea bargain...will depend largely on the DA's position on drugs, etc. he had a very large amount of lsd in his possession. my understanding is each sheet has 100 hits on it. that's 500 hits total.

best advice is recommend that his family get him a good lawyer. if alcohol was involved a rehab program would probably gain him points with-the judge. i've never heard of anyone going to rehab for lsd use/abuse....that doesn't mean it doesn't happen tho.

kris </span> </span> </span>

 

[DDD]

As I posted on General, I really think that his parents need to
address his substance abuse issues. He did not go from being a
perfect "clean" young man to getting nailed with that much LSD.
The chances are slim to none that he has no history of abusing a
variety of substances. No matter where he lives, the system
is not likely to wink at such blatant drug issues.

It is hard for all of us to grasp that our wonderful young men
are drug abusers and therefore criminals. If you read this forum
you will find almost all of us start off hoping to protect our
kids from the consequences of their choices. Eventually we have
to accept that no matter how bright, cute, polite, loving, talented and wonderful they are in our family unit...they have
serious problems that have to be addressed. It ia a terrible
reality and I am sincerely sorry that your family has to join the
rest of us in learning the Serenity Prayer. DDD

 

[momof3boys]

Thank you all so much for all your support and advice. I think that his mom's primary goal right now is to get him to agree to go into rehab. They are meeting with their lawyer tomorrow, and she's hoping that the lawyer will be able to convince him to do it - if only to look good for the judge. You're right, he definately wasn't "clean" before this happened - like I said in my post, he admitted to his mom that he's addicted to herion and that he's been dealing for a while. Eventhough its not a complete shock its still totally overwhelming and scary. I'm praying that this will be a huge wake-up call for him that will get his into rehab, and that he gets a lenient judge. Thanks again.

 

[Sunlight]

kris, everything from this point down in my post

(Penalties
General Impairment)

is a copy from a PA official DUI site, not my words. sorry I did not make that clear.


ant has ALL the consequences listed there including the interlock device if and when he ever gets a license. I dont make the rules that is just the way it is.

 

[DammitJanet]

Sheesh when they mess up, they mess up big time dont they? One day you think you are going to be watching them graduate and the next you find out that you need to figure out how to find a defense attorney. Sigh. Im so sorry.

I do think most important is figuring out how to deal with his substance abuse. Heroin and LSD are heavy hitters. That much LSD is huge. I honestly cant ever remember seeing that much and I have been many places I shouldnt have been! Hopefully if your family can get him in a good rehab then the judicial system will go easier on him. He is still young.

Your family will be in my prayers.

 

[momof3boys]

500 hits! Oh no, it didn't realize it was so much. Man oh man oh man. Tears.

 

[KFld]

I think the intent to sell puts a entirely different light on it as far as the court system goes. Hopefully he will get himself into rehab., even if he ends up in jail at some point, so he can deal with his drug addiction issues before hand.

I know the courts went a little easier on my difficult child because they saw he was trying to get help, but he was never caught with intent to sell. His attorney got him into a state rehab and probation, and once he completed both, his felony charges were dropped, thankfully.

 

[momof3boys]

His parents gave him the option of either moving out of their house or checking into a 28 day rehab facility. He chose the rehab. I'm praying that this will help him get clean. He was still staying out all night drinking (and who knows what else) even after he was arrested. I would have thought that the arrest itself would have been a wake up call, but I guess it wasn't. I'm happy that he's at the rehab, and I'm praying that he will stay for the whole 28 days. Thank you all for your support and comments. It really was helpful.

 

[Sunlight]

wow that is great! at least he will have to slow down and rethink his life now. I am sure everyone is more at ease with this turn of events!

 

[momof3boys]

It is a huge relief for the family. He called home yesterday, and it sounded like he was doing well, and was planning to stay the whole 28 days. I hope that this is the start of a new beginning for him.