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    ineedhelp923's Avatar
    ineedhelp923 Posts: 4, Reputation: 1
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    #1

    Apr 6, 2009, 07:44 PM
    Felony Violation of Felony Probation
    I live in New York state, and this past week, my boyfriend, who is on Felony probation (and has already went through 1 out of 5 years) for criminal mischief, overdosed on heroin. He was caught with 2 bags of herion on him when the EMT and Police came. He then attempted to eat them so that he wouldn't face further charges. Because of this, he is being charged with tampering with physical evidence (a felony) and a misdemeanor for possession of the heroin. The cop told him that he would drop the felony to a lesser charge, but the fact that he is already on probation is the worst. He told his P.O. about what happened today and that he wanted to go to rehab. She is sending him right away, and he doesn't want to face prison time because of this. Is there any way out of him going to prison? I feel that he would benefit more from a long term rehab.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Apr 6, 2009, 07:50 PM

    The Police can't reduce the charges. It has to be the Judge at the recommendation of the DA so I don't know what that's all about.

    My feeling is he will get some rehab and some prison time. NY right now is in terrible financial shape and the rehab programs are being closed one after another.

    Does he really want to get help, straighten out, or is he simply trying to avoid prison time?
    ineedhelp923's Avatar
    ineedhelp923 Posts: 4, Reputation: 1
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    #3

    Apr 6, 2009, 07:58 PM

    He really wants to get help so the rehab will be beneficial. Do you think that with a good attorney, he will be able to get a lesser charge such as a short term jail sentence?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Apr 6, 2009, 08:07 PM
    Quote Originally Posted by ineedhelp923 View Post
    Do you think that with a good attorney, he will be able to get a lesser charge such as a short term jail sentence?
    Hello in:

    A good attorney ALWAYS helps.

    excon
    ineedhelp923's Avatar
    ineedhelp923 Posts: 4, Reputation: 1
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    #5

    Apr 6, 2009, 08:16 PM
    I know. I am just so nervous right now. I don't know what to do. I do know that he realizes that this was all so ridiculous to violate probation for, and that he knows he needs (and wants) help... I'm just wondering if there is any way that he won't face jail/prison time...
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Apr 7, 2009, 05:10 AM
    Quote Originally Posted by ineedhelp923 View Post
    I know. I am just so nervous right now. I don't know what to do. I do know that he realizes that this was all so ridiculous to violate probation for, and that he knows he needs (and wants) help... I'm just wondering if there is any way that he won't face jail/prison time...

    Yes, a good - no, an EXCELLENT - criminal Attorney on his side.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #7

    Apr 7, 2009, 10:33 AM
    Quote Originally Posted by ineedhelp923 View Post
    I know. I am just so nervous right now. I don't know what to do. I do know that he realizes that this was all so ridiculous to violate probation for, and that he knows he needs (and wants) help... I'm just wondering if there is any way that he won't face jail/prison time...
    It's not "ridiculous" as you put it to violate probation. It's downright stupid to violate probation with heroin of all things. He's sorry all right. Sorry he got caught. I have a feeling that he is using the rehab as a crutch to avoid going to prison. If you are so blasť about heroin, then you too have a huge problem. He's a big boy and he thought it was just fine and dandy to get not just one but TWO bags of heroin to do. I think he needs a good long stretch in the can to really straighten him out. Rehab is mostly for the sissies who think they can scam the system and go back to their drug world after they get out.

    If he wants to avoid jailtime he's going to have to pay for a very expensive criminal attorney and then when everything is all said and done, it's the Judge who has the final say in the matter whether he goes to prison or not. He'll find out at his VOP hearing.
    coliecole's Avatar
    coliecole Posts: 4, Reputation: 1
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    #8

    Apr 8, 2009, 12:28 AM

    Honestly, I think it also depends on previous charges as well. What is he on probation for in the 1st place. My sister went through a situation with drugs and her exact statement to me was that your ONLY get out of jail free card would be rehab. I would suggest doing research now! He needs to get on a waiting list for a place because they are usually booked up and he may have to wait for an open bed. My sister had to wait in jail for an open bed at her rehab, it can take up to a month and sometimes longer. Also contact an attorney, they have free consultations and can give you accurate advice. Good Luck and hope I could help with your question.

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