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    WorriedMom08's Avatar
    WorriedMom08 Posts: 2, Reputation: 1
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    #1

    Mar 28, 2008, 12:37 PM
    My Son on probation and now got DUI what will happen to him?
    Please help me to understand, I am just sick over this whole situation. My son 20 been going to college for 2 1/2 years to be Fireman/ EMT works and has never been in any trouble, Now got arrested for stealing a bottle of liquor in a county that has no tolerance law with a friend of his, because they were confronted and tried to get away (and didn't) it turned into a charge for armed Robbery (force or fear... no wepons involved)
    He has been sentenced to 3 yrs felony probation and 60 days jail time, this was our best offer! Otherwise could have been convicted of Commercial Burglary(F) Armed Robbery (F) and 2nd degree Robbery (M) 3 1/2 years . All of this I have been told if it were any other county it would have been a mistemeanor Petty theft.
    Because of his schooling the DA agreed to postpone sentencing until school is over in a few mo's and he will have to turn himself in then for his 60 days although I don't understand this because with the Felony charge he won't be able to go forth with this career unless after the 3 yrs he can get it expunged.
    (They Gave him Just enough rope to hang himself) Now here is the problem.. 1 mo into the probation he got a DUI in the county we live in not the county he has to do time in, and of course a Violation of the probation... Will he do Prison time? This is a great kid and obviously @ 20 yrs old has got himself into a current drinking problem with friends... as far as I'm concerned he Needs intervention, a program that can help him not be sent to prison where he will be messed up for the rest of his life!! Please Help any and all will be appriciated.

    Thank you
    450donn's Avatar
    450donn Posts: 1,821, Reputation: 239
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    #2

    Mar 28, 2008, 01:26 PM
    Well, he can probably kiss his FF career good bye. And depending on the judge he can probably kiss the rest of himself good bye for a while. Good kids do not get into trouble for theft. He may have gotten mixed up with the wrong kind of crowd, but at 20 years old he should have known better. As an adult he now has to pay for his actions.
    WorriedMom08's Avatar
    WorriedMom08 Posts: 2, Reputation: 1
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    #3

    Mar 28, 2008, 02:53 PM
    Thank You And I Do Agree With To A Point... I Have To Remind You That I Am A Mom And Woman Who Has A lot Of Emotion (this Is My Child),as I'm Sure All Of Us With Children Do When It Comes To Things Like This. I Do Believe That Punishment Should Fit The Crime But A Felony?? How Is It That Only 2 Counties Out Of The Whole State Can Have Such Different Consequenses?? The Law Is The Law . Should Be The Same Throughout In My Opinion
    Even The Arresting Officer Stated And I Quote: A Felony?? Is That The First Offer?? My God We Always Charge The Highest But Then It Pleads Down And Then Stated This Is A Tough County And He Was Sorry For The Turn Out. The Da In Turn Says The Officer Needs To Also Be Accountable For The Way He Wrote His Report. But Anyway All In All It Is What It Is... the Concern?? County Jail? Or State Pen?? I Can Accept The 60 Days On The Felony And Would Also Accept Year For The Violation... But To Revoke And Give Him Original 3 1/2 Years In The Pen That's Ridiculous! I Also Agree @20 He Needs To Be Responsible For His Actions, And That He Is. But Like I Said I Feel This To Be Very Very Harsh!! For First Offence Over A $9.00 Bottle Of Alcohol... You Would Think He Had A Gun Or Physically Hurt Someone.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Mar 28, 2008, 04:51 PM
    Hello Mom:

    Couple things... You have unfulfilled expectations regarding the justice system. If you continue to have them, you will eat yourself up, and you won't be doing your son any favors...

    The justice system isn't fair or just. It isn't staffed with nice people. Some of them lie. Some of them want to use your son to further their career. Some of them want to rip your son off and you too.

    Was his sentence harsh? I don't know what he did. You don't either. You weren't there. You don't know what he said or did to the guy (probably the victim) who confronted your son. All you know is what HE tells you.

    You've got it wrong, mom - really wrong. It's not over a $9 bottle of booze. It's over the personal confrontation he had. Have you ever been a victim of a violent act? I'll bet not.

    The quicker you stop making excuses for him, the better off you're all going to be.

    So, without knowing any more details than you've told us, do I think his sentence was harsh? No. And, you must believe that I'm really on HIS side.

    Now, having been given a shot at staying on the street, he gets drunk and drives a car. In my view, that's worse than ripping off a bottle of wine. I have children who drive on those streets.

    So, if he goes to the slam, it's not going to be because of a $9 bottle of wine... Nope, not at all.

    I don't think the judge will make him do ALL 3 1/2 years in the joint, but I'll bet he'll have to do a year.

    excon
    MOWERMAN2468's Avatar
    MOWERMAN2468 Posts: 3,214, Reputation: 243
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    #5

    Mar 28, 2008, 04:56 PM
    Well, I suspect since he broke probation, he will go back to jail.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Mar 28, 2008, 05:22 PM
    Ok, yes he needs help, and if he only has to serve the 60 days, he needs to be in AA, if he does not, he will only be in an out the revolving door.
    The judge will view his drinking as a seroius issue, since it is so soon after and the other crime was about getting something to drink.

    So yes, the judge can order him to serve his entire 3 years in prison if he wants to. Or he can get so many more months, it will be all up to the judge. Plus he will have to deal also with the court for the actual DUI.

    And yes I am sorry but he will get get the crime explunged in 3 years it will be 8 to 10 years before they will do that, and that same court and maybe the same judge will be the one that will have to do it,
    Plus sorry but even an explunged conviction will show up for the firefighters or EMT because today many fall under the Dept of Homeland Security which will be able to see even explunged records just like police departments can.

    So he may want to seriously think of another career and perhaps even some self employment, since this conviction will hurt him finding many jobs for a while.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #7

    Mar 28, 2008, 05:54 PM
    excon you hit it on the head. Chuck you hit it on the head. The only thing I can think of adding is I sure wouldn't want this guy to be a firefigher or EMT and put my life in his hands. He's messed up big time and Mom, you're going to have to get over it. The judge did give him a chance but he messed up by getting a DUI. Sorry, he's going to be seeing some jail time and should start looking into a different career choice.
    purplewings's Avatar
    purplewings Posts: 145, Reputation: 24
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    #8

    Mar 31, 2008, 07:18 AM
    This is rough for your son, but I believe it's much rougher on you. Having raised 4 sons and experienced things I never dreamed could happen, I've learned how to stop enabling - babying them. As the others said, the sooner he faces the consequences of his actions, the sooner he will get the help he needs to free himself from his alcohol problems.

    Unfortunately he'll need to change his course for the future, but switching classes should not be a big problem. All education is valuable to a good life.

    I really like excon's response regarding the justice system. I once believed in it's fairness too. Now I laugh at the idea. It's exactly as he said. People furthering their own gains, who rarely are concerned with the individual in trouble. They are humans with some power and are punitive.

    Your son will have to maintain a certain attitude to get the most benefit from the system.
    If this is your son's first DWI, it shouldn't go too badly against him even though he's on probation, but it is a definite signal that he needs a program to work through the problem of living in this world. Perhaps even request that he go into a rehab. AA is great.

    I wish you and he the best outcome for the good of all concerned. (You can't save him, mom. He has to do that himself. ) HuGs

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