My significant other has dabbled in drugs (crack) for the past year. He tries to be "clean" makes it a month and a half, then relapses. He is currently incarcerated here in Florida on a Strong Arm Robbery charge. He entered a convenient store and robbed them to receive money to buy more drugs. He did not use violence or force. He passed the cashier a note that basically said "You know the drill"
He was picked up by our local police station where he confessed to committing the crime.
He does have a record. Driving under suspension (quite a few), intent to harm a minor.. Which is classified under Child Abuse ( I don't understand it at all. A previous girlfriend punched him, and got in his face, so he took his hand and put it on her face to push her away from him. Her child was in the home, but in no means did he hurt her or anyone else) He also has theft from a previous employer from 4-5 years ago. Which was $50.00. He hasn't had the best life growing up, and used drugs on and off in his past.
I feel incarcerating a drug user (which is why the crime was committed) isn't the correct approach. I know I'm not an attorney, nor a judge, but the issue at hand isn't being addressed. I feel he could greatly benefit from Rehab. I set up a jail interview with a local Rehab facility, and they have accepted him into the program. He has mentioned this several times to his public defender. Gah! (I know they're over loaded and really don't "care" about the individuals they counsel) His public defender does not appear to care. I know he can't be treated solely as a drug abuser, because what he did was illegal... We're not asking them to look softly at the crime, but I feel that a lesser jail time, and rehab would be more effective. He needs to learn coping skills, receive counseling and so forth.
So far, he has plead not guilty, for bargaining purposes.
The state offered him 3 years last month. He went to court today for the first time, and was offered 24 months. His minimum (as averaged by points) is 15 months.
Today in court, a bogus charge appeared on his record. DISCHARGE OF A FIREARM
It was NOT on his record that the public defender brought a copy of 1 month ago. He mentioned someone else's name was also listed there (Same first and last, but different middle name) They claimed it was my bf's charge. WHY would this pop up, and why would they be able to use this information if it's not true? They have no idea what county or state it's from, nor when it happened. I plan on visiting the clerk of court tomorrow to straighten this out. When he mentioned this charge not being true, his public defender responded with "Well, it's only 2 points on your record, so why is it such a big deal? Uh hello! Because it's not his charge. Since when does an attorney (whether paid or public defender) not try to fight for you? He never expressed Jeffs drug problems, and the fact he desperately wants help.
Do you think it's possible to reduce his jail time, and add rehab alongside it?
Meaning, if he was sentenced to 15 months, would it be possible to ask for 1 year in jail, and the rest being served at a rehab facility? Is this a feasible plea?
Also, if you have any insight, or advice, I'd love to hear it.
Thank you so much for taking the time to read my question.

Lets ask the victim who he robbed what they think??

I think that they have made a offer, and now if he does not accept it, he will go to trial and be at the mercy of the judge.
And you watch too much TV if you think a public defender is "fighting" for you, they are there to be sure your rights are not violated and to protect your rights, not really fight for you. Some will fight more than others.

If you want an attorney who'll really fight for you, you need to hire a private attorney, not rely on a public defender.

would it be possible to ask for 1 year in jail, and the rest being served at a rehab facility?! Is this a feasible plea?
Also, if you have any insight, or advice, I'd love to hear it.Hello Darling:

Anything is possible. However, you need somebody GOOD to do the asking. That's where his attorney comes in.

In my view, public defenders are some of the best criminal defense attorney's out there. You just need to MANAGE him properly. I don't know how to tell you to DO that - only that it MUST be done.

I don't say this because he's a public defender. I say this because he's an EMPLOYEE and you need to manage ANY employee you have, or they'll do the job THEY want done instead of the job YOU want done.

excon

In response to Chuck, I did ask the victim. I went to the store and spoke to them personally. The manager on duty was very supportive of him. She knew by his behavior that he was using drugs. She stated the cashier was worried, but not scared of him at all. After viewing the video, the manager stated that he appeared very scared, and seemed to not be in the right frame of mind. (Obviously) he did not use any force, violent behavior or words. She said that if her cashier was allowed to say NO, then she thinks he would've ran out with his tail between his legs. Lol :P

Public defenders in our area usually work for you. It's rare that you get one that doesn't try to represent your case the way you hope for. This one in particular talked the talk (over the phone) but never in front of the judge. Ugh!

Yesterday was his final court date. His public defender approached him and said the states offer went back up to 3 years. When he went in front of the judge, he immediately stated that he had something prepared that he would like to read to the court.
The judge stated he must first know how he pleas. Guilty or Trial.
My boyfriend then asked What was my offer again? (which he played stupid on purpose because the last court date, the judge stated he was inclined to give him 24 months after the States attorney said they were thinking 15 months... )

After the judge heard of his record, and asked what he scored out to (15 months), the judge said he was more than willing to go for 15 months. My boyfriend quickly leaned forward and said I'll take it! YAAAAAY! Lol. He was facing 3 years today, and by allowing the judge to review his information again... he pretty much got off with 15 months. He'll serve 10.2 months.
No rehab, which really stinks.. :(

The discharge of a fire arm was taken off his record during this hearing as well.
My boyfriend fought back and forth over it. He brought a copy of his records that his public defender supplied previously that showed NO record of the charge. The judge agreed with my boyfriend. ;) (I also did some investigating of his records in every state he's lived. There was no charge like this anywhere in his records.)
Also, the public defenders office admitted to me that they've had the same problem appearing on quite a few records recently.

The states attorney was a real witch about it, but agreed to take it off.
They were the ones who placed it there to mislead the court...

In response to Chuck, I did ask the victim. I went to the store and spoke to them personally. The manager on duty was very supportive of him. She knew by his behavior that he was using drugs. She stated the cashier was worried, but not scared of him at all. After viewing the video, the manager stated that he appeared very scared, and seemed to not be in the right frame of mind. (Obviously) he did not use any force, violent behavior or words. She said that if her cashier was allowed to say NO, then she thinks he would've ran out with his tail between his legs. lol :P

Public defenders in our area usually work for you. It's rare that you get one that doesn't try to represent your case the way you hope for. This one in particular talked the talk (over the phone) but never in front of the judge. Ugh!

Yesterday was his final court date. His public defender approached him and said the states offer went back up to 3 years. When he went in front of the judge, he immediately stated that he had something prepared that he would like to read to the court.
The judge stated he must first know how he pleas. Guilty or Trial.
My bf then asked What was my offer again?! (which he played stupid on purpose because the last court date, the judge stated he was inclined to give him 24 months after the States attorney said they were thinking 15 months.... )

After the judge heard of his record, and asked what he scored out to (15 months), the judge said he was more than willing to go for 15 months. My bf quickly leaned forward and said I'll take it! YAAAAAY! lol. He was facing 3 years today, and by allowing the judge to review his information again... he pretty much got off with 15 months. He'll serve 10.2 months.
No rehab, which really stinks.. :(

The discharge of a fire arm was taken off his record during this hearing as well.
My bf fought back and forth over it. He brought a copy of his records that his public defender supplied previously that showed NO record of the charge. The judge agreed with my bf. ;) (I also did some investigating of his records in every state he's lived. There was no charge like this anywhere in his records.)
Also, the public defenders office admitted to me that they've had the same problem appearing on quite a few records recently.

The states attorney was a real witch about it, but agreed to take it off.
They were the ones who placed it there to mislead the court...


I'm trying real hard not to be judgmental here but I think you are blaming the wrong person for your significant other's problems - and it sounds like you are explaining and enabling the behavior. I would be concerned about the violence in the presence of a child - sounds like he was charged yet he says it was a simple push of someone's hand.

I am aware of a situation in Texas where the boyfriend shoved the girlfriend in the presence of a child and was charged with felony child endangerment - and it stuck!

How were you able to check the records of every State where he's lived? Are you in law enforcement? I think the SA is probably too busy to try to frame your boyfriend but perhaps I am wrong.

I never stated they were framing anyone. I stated they were tampering with his records to mislead the court. If they didn't place in on his record in the first place, they would have NEVER been so willing to remove it in court of Friday. They would have investigated it further, not just simply stated "It's removed."
You don't have to work in law enforcement to check someone's background. You would know this if you understood more of what you're speaking about.
It's as simple as calling all counties, then also backing it up with a criminal background check. HELLO! Not so difficult. :P

DarlingCricket,I am also a girlfriend of a "recovering/relapsing" crack user... Unless you want to deal with worrying about his crack habit for the rest of your life... get rid of him... this 15 months that he is locked up will help you to move on with your life. Quit worrying about defending a criminal, he did the crime regardless now let him face the facts of life... hopefully this time in jail will turn him sober... but I doubt it. He will cry the jail house blues for the whole sentence... how he will never do it again and how he is going to stay sober... and he may stay sober for a while after he gets out, but eventually... yes eventually they all go back to their habit. All crack users are "quitting"