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<blockquote data-quote="Mikey" data-source="post: 96166" data-attributes="member: 3579"><p>I've looked into it a bit more, and the court won't allow him to go into legal proceedings unrepresented, so at worst he'd get a public defender. However, it doesn't have to come to that. He can apply for diversion, and has a pretty good chance at getting it. Barring that, he can plead guilty and go into the drug-rehab probation scenario. That's a real common outcome, and a PD is as good as ole Johnny Cochran for first-offender druggies.</p><p></p><p>Also, I spoke to the prosecutor at length yesterday. Even though I can't do anything for him that he doesn't want done (McW being 18 and all), he said that unless my son comes in to court as a <strong>complete</strong> butthead, the worst he would get was 180 days in the county pokey, followed by the standard first-offense drug user probation. But it will only come to that if McW kills the last few functioning neurons in his vacuous skull and decides to fight the charges.</p><p></p><p>wife and I feel that if he wants to fight, he can do it on his own. If he doesn't fight the charges, at worst an attorney is merely a formality (assuming no diversion). </p><p></p><p>So, yes, we <strong>can </strong> live with it.</p><p></p><p>And for the first time in his life, so can McWeedy. <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>This is his hole; he dug it, we warned him, he jumped into it, and there's still a rope he can use to pull himself out. If he sits and pouts and demands that someone rescue him instead of using what's available to rescue himself, then he can sit there forever. Rescuing him won't help him, and will only enable further deterioration of his life.</p><p></p><p>He's been told that he has two choices: either own up to the crimes and work with the court, or fight the charges even though he's guilty as sin. If he fights, he does it on his own, and win or lose he's out of our house. If he owns up to his actions, accepts both responsibility <strong>and</strong> consequences, then wife and I will help him as much as we can.</p><p></p><p>I forgot to add that part of both diversion and probation is substance abuse assessment, along with treatment, random testing (color code?), abstinence from ALL substances (including alcohol), and staying away from all situations where any illegal activities are occurring. Rehab, in-patient, intensive out-patient, and mandatory AA/NA meetings are also common requirements. </p><p></p><p>That was the funny part - the prosecutor said the only main difference between diversion and probation was the lack of a criminal record with diversion; otherwise, life is pretty much the same. The only way a majorly different outcome could occur is if he fights and loses, in which case he could end up with a two year sentence; one year (with good behavior), followed by - yep, you guessed it, a year of probation and the same life he would have if he started out with diversion or probation.</p><p></p><p>You'd think that a logical person would see that, but logic and McWeedy are about as related as Justice Scalia and Hilary Clinton.</p><p></p><p>But we can see it, and we've let him know what we think is in his best interest, and what decisions we're willing to support vs. what he'll have to pursue on his own. It's up to him now, and it's anybody's guess what'll happen.</p><p></p><p><img src="/community/styles/default/xenforo/smilies/emoticons/future.gif" class="smilie" loading="lazy" alt=":future:" title="future :future:" data-shortname=":future:" /></p><p></p><p>Hope that answers your question.</p><p></p><p>Mikey</p></blockquote><p></p>
[QUOTE="Mikey, post: 96166, member: 3579"] I've looked into it a bit more, and the court won't allow him to go into legal proceedings unrepresented, so at worst he'd get a public defender. However, it doesn't have to come to that. He can apply for diversion, and has a pretty good chance at getting it. Barring that, he can plead guilty and go into the drug-rehab probation scenario. That's a real common outcome, and a PD is as good as ole Johnny Cochran for first-offender druggies. Also, I spoke to the prosecutor at length yesterday. Even though I can't do anything for him that he doesn't want done (McW being 18 and all), he said that unless my son comes in to court as a [B]complete[/B] butthead, the worst he would get was 180 days in the county pokey, followed by the standard first-offense drug user probation. But it will only come to that if McW kills the last few functioning neurons in his vacuous skull and decides to fight the charges. wife and I feel that if he wants to fight, he can do it on his own. If he doesn't fight the charges, at worst an attorney is merely a formality (assuming no diversion). So, yes, we [B]can [/B] live with it. And for the first time in his life, so can McWeedy. :devil: This is his hole; he dug it, we warned him, he jumped into it, and there's still a rope he can use to pull himself out. If he sits and pouts and demands that someone rescue him instead of using what's available to rescue himself, then he can sit there forever. Rescuing him won't help him, and will only enable further deterioration of his life. He's been told that he has two choices: either own up to the crimes and work with the court, or fight the charges even though he's guilty as sin. If he fights, he does it on his own, and win or lose he's out of our house. If he owns up to his actions, accepts both responsibility [B]and[/B] consequences, then wife and I will help him as much as we can. I forgot to add that part of both diversion and probation is substance abuse assessment, along with treatment, random testing (color code?), abstinence from ALL substances (including alcohol), and staying away from all situations where any illegal activities are occurring. Rehab, in-patient, intensive out-patient, and mandatory AA/NA meetings are also common requirements. That was the funny part - the prosecutor said the only main difference between diversion and probation was the lack of a criminal record with diversion; otherwise, life is pretty much the same. The only way a majorly different outcome could occur is if he fights and loses, in which case he could end up with a two year sentence; one year (with good behavior), followed by - yep, you guessed it, a year of probation and the same life he would have if he started out with diversion or probation. You'd think that a logical person would see that, but logic and McWeedy are about as related as Justice Scalia and Hilary Clinton. But we can see it, and we've let him know what we think is in his best interest, and what decisions we're willing to support vs. what he'll have to pursue on his own. It's up to him now, and it's anybody's guess what'll happen. :future: Hope that answers your question. Mikey [/QUOTE]
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