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    sierra31's Avatar
    sierra31 Posts: 5, Reputation: 1
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    #1

    Jun 12, 2011, 07:14 PM
    Needing advice please
    Where do I start.. my boyfriend has an addiction, he got 4 preindictment for selling to an undercover.. but in all truth he was never even selling.. they knew that he knew where to get the drug from so they asked him if he knew where to get it from and he said yes got in there car and took them to the dealer.. they put their money in his hand and he went into the house and came back with the drug and placed it in their hand so that's an automatic deal making him the dealer.. why did he take them there I don't know... so they practically used him as an entrapment to later raid the house.. they did that four times so he got four different charges.. he went to jail for four months and then sent him to an inpatient rehab for another three months.. then he came out on probation needed to do all these aa/na and aftercare meetings UAs every week... ect.. well he did good for the first month but then he started using again and one of his UAs came out dirty and his probation officer wanted to send him to another inpatient rehab facility.. but he didn't want in patient in fact when he started using again and knew hed fail his test he got admitted into an outpatient program and he even took the paper to his probation officer but she still wanted to do the inpatient and was suppose to go back the next day to fill out papers so he could get in the inpatient rehab.. he didn't want to do that so he never went back, causing an MTR so they arrested him two nights ago and he's remanded without bond... I just don't get it.. he broke his probation because she wanted to send him back to inpatient and he didn't want inpatient.. my opinion inpatient doesn't work for everyone that's why the have out patient programs which he was doing and he has written proof from the outpatient clinic he was going to... my boyfriend is a good man he never did anything bad just has an addiction problem which he was trying to fix outside by himself.. inpatient is not for eveybody... it didn't work for him it just made him more angry being taken from his family.. I don't know what to do or what's going to happen or if they while reinsate his probation and let him continue his outpatient program.. please I need some advice I want to get him out we been together for 15 years and have six kids..
    mjbconcrete's Avatar
    mjbconcrete Posts: 7, Reputation: 1
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    #2

    Jun 12, 2011, 07:37 PM
    Doesn't sound good. I'm not a lawyer but it sounds like he did get set up. Takeing on bad cops and the court system is going to be very exspensive and more than likely you will loose because the system doesn't work that great. If your not married and would find another man. You don't need to fix them all.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jun 13, 2011, 05:30 AM
    Quote Originally Posted by mjbconcrete View Post
    Doesn't sound good. I'm not a lawyer but it sounds like he did get set up. Takeing on bad cops and the court system is going to be very exspensive and more than likely you will loose because the system doesn't work that great. If your not married and would find another man. You dont need to fix them all.

    This is a legal board. You don't have to be an Attorney to post here but it is important that you research and give correct information.

    "... the system doesn't work that great" doesn't fall into the correct information category.

    Hire the best criminal Attorney you can find. I know it's hard when there are 6 kids involved, and I'm sure money is tight.

    Probation, as you know, is given to people instead of prison sentences. He knew the terms of his probation, and it appears that he violated them. I know you are finding excuses because you love this man, but if you re-read what you have posted it doesn't look like he's such a good guy. Perhaps he's a good guy with a bad problem. Only you know that. What you and I and the next guy think about in patient rehab doesn't matter. It's what the legal system thinks that counts. Apparently the thinking is that in patient will clean him up.

    Outpatient isn't working. I see no other options for him. He HAS to respect the orders of the Court (and that includes working with his PO).

    Wish I had other, wise words for you but legally that's how it is.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jun 13, 2011, 05:46 AM
    Quote Originally Posted by sierra31 View Post
    ... he was never even sellin..they knew that he knew where to get the drug from so they asked him if he knew where to get it from and he said yes got in there car and took them to the dealer..they put their money in his hand and he went into the house and came back with the drug and placed it in their hand so thats an automatic deal making him the dealer..why did he take them there i dont know...so they practically used him as an entrapment to later raid the house..they did that four times so he got four different charges ...

    This is the classic scenario for a narcotics enforcement "controlled buy", except why did they charge him?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jun 13, 2011, 06:17 AM
    Quote Originally Posted by AK lawyer View Post
    This is the classic scenario for a narcotics enforcement "controlled buy", except why did they charge him?

    Maybe because they "thought" he was dealing and this was the only way to arrest him? Also possible this was not his only involvement.

    Not fair, sounds like a set up, but it happens.
    sierra31's Avatar
    sierra31 Posts: 5, Reputation: 1
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    #6

    Jun 13, 2011, 05:02 PM
    No I am not making excuses for him I know what I got and what I got is a good person with a problem that noboody will understand just me because I been there and done that... I had a problem for about a year lost the kids and everything was living in my truck homeless.. that was just a phase that I went through because I was going threw a crisis with my little girl at the age of seven was molested by her paternal grandfather (Note the man in jail is not her dad).. I did everything that a parent would do took her to the hospital.. called the cops took her through counseling.. helped her but never helped myself.. so it affected me hard I went down the wrong path and turned to drugs which did nothing but make things worse.. lost all my kids... everything went downhill from there.. but now I got my kids I've been sober since and I am a licensed vocational nurse.. that goes to prove people sometimes have a problem and turn the wrong way just to repress what is botherin them.. mine was just that.. some people have some deep problems.. maybe because of past experiences or childhood and don't know how to deal with them any other way but to drugs.. im not making excuses for him or anybody out there but there is help out there and its professional that's what I should have done instead of ruin my life by turning to drugs.. I am living prove that a person can change.. Thanks to our father above and faith I am who I am today.. im not perfect but am a lot better than I was three years ago.. and I'm not leaving my man I'm going to hold it down for him and get him out of that god forsaken place... he is a good man with a big heart... oh and FYI the child molester who did this to my daughter is now locked up in federal prison.. justice has been served... but tell me why cases like that take long to solve it took five years to get him locked up... how many morer victims in the time thathe was free? Who knows... these should be the cases that the DA should be after... I will never understand why the system works the way it does...
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #7

    Jun 14, 2011, 10:02 AM

    Narcs just don't willy nilly set up dealers. They have good reason to do this through tips from CI's, etc. Sounds like this guy was not a first time dealer either. He should not have been selling drugs to anyone let alone the narcs. He'll hopefully learn his lesson in jail and not do this again in a big hurry.
    sierra31's Avatar
    sierra31 Posts: 5, Reputation: 1
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    #8

    Jun 14, 2011, 06:08 PM
    Um didn't you read correctly... he was not a dealer.. o by the way he's out they reistated his probation... takecare
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Jun 14, 2011, 07:39 PM

    I would say, and my guess, he would not testify against them, unless of course they charged him and then reduced the charges or sentence for his help. But my guess, he decided to stop helping them, and they showed him they were serious.

    But when he took their money and handed them drugs, that legally made him a dealer,

    That is not entrapment, They did not force him to sell the drugs.

    And he went back to using, he was given an option, not to go back to jail or prison, and he refused. This is not "lets make a deal" they set the rules, or have rules they have to use. Just offering him the inpatient treatment was great, most would have just sent him to prison for the entire probation time
    sierra31's Avatar
    sierra31 Posts: 5, Reputation: 1
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    #10

    Jun 15, 2011, 08:32 PM
    True... thanks for all the advice he's out now and only God knows why he set him free.. hes a wonderful guy... an addiction is a disease that will tear your life apart... my baby got a second chance and only GOOD people that deserve it get 2nd chances...
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Jun 16, 2011, 05:05 AM
    Quote Originally Posted by sierra31 View Post
    true...thanks for all the advice hes out now and only God knows why he set him free..hes a wonderful guy...an addiction is a disease that will tear your life apart...my baby got a second chance and only GOOD people that deserve it get 2nd chances...

    I'm sorry - I work in the system. It is not only GOOD people who get second chances. It's people with GOOD Attorneys or people who cut a break for whatever reason.

    I trust your "baby" is going to take this chance, stop using and straighen out?

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