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-   -   Discussion about first-time drug charges going to prison (http://www.prisontalk.com/forums/showthread.php?t=228874)

harvester 07-04-2013 12:08 AM

I am a first time drug offender. Cultivation of marijuana and cultivation para. are my charges I was sentenced 15 months for the first and 11 months for the second. The judge took pity on me and ran the sentence concurrent. So I only had 15 months, but I earned five months good time/ program credit. I was released Feb 2013. My husband was sentenced 36 months and he will do 26 months of that sentence. He comes home June 2014.

I have never been in trouble before and this is my first run in with the law and I was not given a second change. I was in the boarder box which in KS states the judge could give me 60 day shock time in county and then 18 months probation. I do have an appeal going, but I have already served my time and will probably complete parole before I get my ruling. It seems unjust that a drug crime can put someone away for a couple of years, but the violent offenders do less time and usually get to parole out early. This doesn't make sense to me. When I say Parole out early I mean like several years off their sentence. Not just good time earned.

Anber 08-20-2013 09:29 AM

I agree my man is serving a 5 year sentence for a first time drug offense for a crime he was thinking about doing, but never actually followed through with. There was press conference held by Eric Holder the Attorney General last week on CNN talking about changing the law for non-violent first time drug offenders. It sounds like there will be changes implemented in the near future.

stefpdt 09-10-2013 11:39 PM

The American drug laws are obviously out of control. Yet we choose to live here so we're under control of our government. Your best options are to live in California and smoke small amounts recreationally, or get out of the country - seriously. I'll move to California ASAP or possibly move to an inexpensive and more relaxed European country.

aprilheem03 02-25-2014 03:43 AM

Quote:

Originally Posted by HopeFaithNLove (Post 2263753)
I think someone should start a petition on first-time drug charges going to prison. I think that some people get into more trouble than they could have expected.

They should be given an automatic chance on probation with some type of class that has to be taken as well, instead of being thrown in prison for 2-10 years or more!

If you agree please post here. If you know anything about trying to change the law in US please let me know!

I am in Texas!

Yes they need to change this.. thats bullshit esp 1st offense im experiencing this now with my BF.. 5-10 for nothin record clean as a whistle Pa system suck!

xflavor 03-12-2014 12:33 PM

On a federal level, Zone A and B felonies rarely come with prison time. C & D however are guaranteed prison time without any hope for a prison alternative. This is an injustice in the system because the level of offense is determined by the weight or involvement and "drug trafficking conspiracy" charges hold the same penalties as "drug trafficking" charges. I am facing 3-10 years in prison on a first time non-violent "drug trafficking conspiracy" charge. Because I am in "Zone D" I stand no chance of an alternative EVEN though I have never been convicted of anything in the past. Attorney General Eric Holder and POTUS claim to be revisiting drug policy and sentencing guidelines but it seemed to be mostly racially biased for "crack cocaine" and not much was mentioned regarding drug policy in general, or felony levels. All talk and speculation at this point anyway. Something has got to give.

cocoa1966 03-12-2014 12:37 PM

Drug addicts who need help
 
Many people who are in the drug game are addicted and need rehab. They dont need jail time they need help with their drug problems.

cocoa1966

NeverTooLateToG 07-01-2014 02:43 AM

Amen, Cocaa!

Technically my first offense was DUI, but I was also high and had Tina and Gina on me. Never even arrested in almost 50 years, but was sentenced to five years. I'll never drive impaired agaJail worked for that. But drugs? The biggest surprise for me was how it was even easier to get drugs in jail. Judge took pity on me and said if I could do 6 months county with a spotless record, the rest would be probation. But I got caught with -- you guessed it. And ended up doing the original sentence in state prison, where I also used. Jail did NOTHING for that. Rehab would have helped much better. I'm not kidding -- the stuff I got caught with in county was so good I even joked that the high was worth going to jail for. Stupid, but that's what how I get on that stuff. There has to be a better, saner way. Prison is just a cash cow for politicians and don't get me started on these private prison jerks who get paid by bed and drive up the relentless rate of incarceration in the country.

maryjoycef 07-13-2014 07:06 PM

My fiance is facing prison time his mother and I got enough bail money to bail him out tonight...

But I agree I don't think first time offenders should have to do prison time. I've talked to plenty of lawyers who even agree that FL is one of the most horrible places to have any type of drugs on you because they will always end up putting a drug trafficking charge on you.

My fiance was an addict not a seller...But even the lawyers and a friend of mine who was a CO in a prison told me most of the inmates that are in prison for drug related charges are addicts who need help not prison time. It's unfair all around.

Newday99 08-02-2014 10:08 AM

Minimum mandatory sentences should be changed given certain circumstances. We should all vote more often!

Monkey Mookie 08-09-2014 11:32 PM

Quote:

Originally Posted by Newday99 (Post 7346601)
Minimum mandatory sentences should be changed given certain circumstances. We should all vote more often!



Well said! Couldn't agree more!

destenieeydonna 08-10-2014 12:50 PM

If you start a petition I'm in...
 
Quote:

Originally Posted by HopeFaithNLove (Post 2263753)
I think someone should start a petition on first-time drug charges going to prison. I think that some people get into more trouble than they could have expected.

They should be given an automatic chance on probation with some type of class that has to be taken as well, instead of being thrown in prison for 2-10 years or more!

If you agree please post here. If you know anything about trying to change the law in US please let me know!

I am in Texas!

I am 55 years old. And got charges, convicted, & at the sentencing hearing told my lawyer I wanted to tell him what really happened & he told me: "go ahead & you will be sitting in state prison for 5-7 years" what kind of system is this anyway. Yes I got home arrest for 15months & probation till 2019. My husband ran off with a drug addict & I because i was the wife got the same charges. they rewrote the statements 3 times & let me read the last one without my glasses & i cannot see without them. this is with a paid lawyer! the first charge is corrupt organization! from what i read you need power & money for that. Not even the judge asked for evidence on this. I live in Luzerne County Pa. & that's what our so called judges got charged with & what i believe is they are mad & now charge regular people with that to make themselves feel better. I worked all my life, just getting by like the rest of us & because i was married they gave me the same charges. That's how it is in Pa. in this county. I am having so much trouble getting a job now. I wasn't even with my husband when this happened. And never even got in trouble anywhere at anytime even with traffic tickets! Come on there is something wrong with this picture. Thanks for letting me vent. I'm sorry. But "yes" any petition for this I am in. Thanks for listening/

Baemazzone573 04-14-2015 05:35 PM

I have to say I think prison for drug charges is bs unless u are cooking or selling addiction is a problem and needs to be treated the right way not by punishing someone I believe probation would be good enough for someone on the first time drug charge Im dealing with a drug charge now for meth class b felony and just me getting arrested and sitting in jail for three months and 30 day treatment has got me to clean myself up but my bf there being a lot harder on him and I been begging for them to put him in rehab but they won't help him

luvnmeeh 11-15-2015 07:08 PM

How much time will my boyfriend be sentenced for a sales drug charge for 0.067grams . With One prior possession charge.

Waiting4Nicole 12-07-2015 04:24 PM

Absolutely Insane
 
My daughter, first time offender! Not even a traffic ticket. Setup and busted with LESS then a gram of Meth! Now in Prison? WTH????

My daughter got drug court and first offender but feel behind on fees and with the community service they gave her for that it spiraled out of control. No failed drug test in 1 1/2 years, no missed drug tests. Yet she has been terminated from drug court and sent to prison.

Since when is the ability to manage money or time a crime? No one in drug court asked her how they could help. This was her first time living on her own, like most young people she failed when it came to managing her money. :(

Shygirl4joker13 12-14-2015 03:11 PM

Quote:

Originally Posted by HopeFaithNLove (Post 2263753)
I think someone should start a petition on first-time drug charges going to prison. I think that some people get into more trouble than they could have expected.

They should be given an automatic chance on probation with some type of class that has to be taken as well, instead of being thrown in prison for 2-10 years or more!

If you agree please post here. If you know anything about trying to change the law in US please let me know!

I am in Texas!

I totally agree,I'm in Oregon

xolady 07-01-2016 04:53 PM

Quote:

Originally Posted by Waiting4Nicole (Post 7493939)
My daughter, first time offender! Not even a traffic ticket. Setup and busted with LESS then a gram of Meth! Now in Prison? WTH????

My daughter got drug court and first offender but feel behind on fees and with the community service they gave her for that it spiraled out of control. No failed drug test in 1 1/2 years, no missed drug tests. Yet she has been terminated from drug court and sent to prison.

Since when is the ability to manage money or time a crime? No one in drug court asked her how they could help. This was her first time living on her own, like most young people she failed when it came to managing her money. :(

Wow and how can she survive if she couldn't even comply with a court order? Mom you need to stop enabling your adult child. If you were so concerned worry about her f-ing meth problem not the community service and fines. If she couldn't handle it she certainly isn't able to live on her own. I'm sorry, your so wrong for feeling outraged at your daughter being in prison how many chances should she have gotten maybe this will finally wake her up. I'm sure you were very well aware of your daughters fails way before the law was. JMO

additup 07-19-2016 11:07 AM

I don't believe any sort of drug charges should ever be given a prison sentence. It's so ridiculous, a waste of everything.

We harm people who really just need some help. Whether it's their financial situation, or whether they just need substance.

Then we spend a ton of money on overrun prisons. It's a horrible system in my opinion and it needs a huge reform. I'm all for rehabilitating instead of imprisoning.

xolady 07-19-2016 11:22 AM

I believe in rehab also, but most don't want help. I think they should legalize all drugs just tax them and use that tax money to help people who want it. I don't know many people who can afford to put themselves into a private residential drug treatment facility. Even people who go and get detoxed that doesn't fix their problem. Its a horrible to be an addict no one wants to be one.

JennaJackson88 08-19-2016 07:00 PM

I think it depends a lot on the drug and the amount. There's a huge difference between someone selling heroine to high schoolers and someone who sells pot to his friends sometimes. I've seen rapists go to jail for 6 months and someone who sells pot get 2 years.

PGLJF_9409 08-19-2016 07:17 PM

Quote:

Originally Posted by additup (Post 7549228)
I don't believe any sort of drug charges should ever be given a prison sentence. It's so ridiculous, a waste of everything.

We harm people who really just need some help. Whether it's their financial situation, or whether they just need substance.

Then we spend a ton of money on overrun prisons. It's a horrible system in my opinion and it needs a huge reform. I'm all for rehabilitating instead of imprisoning.



I couldn't agree more, my fiancÚ got eight months for under 1 g charge. Although the judge ruled it concurrent for both charges I think that rehabilitation for 3 to 6 months would be sufficient enough for someone with that with no strings attached no probation, no state jail, No prison, no probation. The only reason why they do those things is to keep our loved ones in the cycle of the system

PGLJF_9409 08-19-2016 07:21 PM

Quote:

Originally Posted by xolady (Post 7549234)
I believe in rehab also, but most don't want help. I think they should legalize all drugs just tax them and use that tax money to help people who want it. I don't know many people who can afford to put themselves into a private residential drug treatment facility. Even people who go and get detoxed that doesn't fix their problem. Its a horrible to be an addict no one wants to be one.



I totally understand your point. If we were to legalize all drugs there would be a substantial deficiency in our population everywhere. Not only that but the people that are genuinely trying to hurt people with drugs, "Drugs that are used for rape". How would you are you that in court? Totally understand prescription drugs or even marijuana, but a lot of these drugs are used to hurt people and we would never get justice for the people that were hurt if they were all legalized. And I promise you even the tax that we would get off of this would go straight to the government it would not go towards the people I think we all know that. We are trillions of dollars in debt do you really think they want to handover money to people with drug addiction's over buying a new Porsche for their 16-year-old daughter's birthday? The universe Is messed up the way things are well only change with years and years and years of strict change and strict policy.

Mommaofinmate 09-05-2016 03:51 PM

First time trafficking got 18 months
 
My daughter is 21. She got sent to prison. She and a friend sold to each other. Her friend wired up to get out of 10 felonies. She walks the streets still selling and using because she's helping the police and my daughter gets 4 felonies. 2 f4s and 2 f5s. She was sent to prison for 18 months. She pleaded with the judge she needs help and doesn't want the drug life anymore. She was selling to her friend to support her habit. He gave her a plea deal which didn't include prison time but help for her. He turned around 29 days later and sentenced her for 18 months and she's never been in trouble for something like this before...

Mommaofinmate 09-05-2016 03:54 PM

First time trafficking got 18 months
 
My daughter is 21. She got sent to prison. She and a friend sold to each other. Her friend wired up to get out of 10 felonies. She walks the streets still selling and using because she's helping the police and my daughter gets 4 felonies. 2 f4s and 2 f5s. She was sent to prison for 18 months. She pleaded with the judge she needs help and doesn't want the drug life anymore. She was selling to her friend to support her habit. He gave her a plea deal which didn't include prison time but help for her. He turned around 29 days later and sentenced her for 18 months and she's never been in trouble for something like this before...

PGLJF_9409 09-05-2016 10:45 PM

Quote:

Originally Posted by Mommaofinmate (Post 7562226)
My daughter is 21. She got sent to prison. She and a friend sold to each other. Her friend wired up to get out of 10 felonies. She walks the streets still selling and using because she's helping the police and my daughter gets 4 felonies. 2 f4s and 2 f5s. She was sent to prison for 18 months. She pleaded with the judge she needs help and doesn't want the drug life anymore. She was selling to her friend to support her habit. He gave her a plea deal which didn't include prison time but help for her. He turned around 29 days later and sentenced her for 18 months and she's never been in trouble for something like this before...



Sounds to me like your daughter does need help, unfortunately if she was given an unfair judge she would of had less a chance at a rehabilitation or SAFP.
With a fair judge they usually will give first time offenders the chance to do in jail rehabilitation or some form of probation. You should talk to your daughter ask her if she would like to appeal her case, and see about getting her another lawyer, and a different judge. I understand you're upset that your daughter is having to go through this, but please understand that drug addiction is no joke and even if she is a one time or first-time offender this might wake her up and allow her to completely get sober and clean so that she can completely function in society. I understand that she pled to the judge that she wanted to get off the drugs and that she did not want to go to prison, but you have to understand she is an addict and that she would've done anything not to go to prison, having her drugs taken away from her is something that is very dangerous to a addict. addicts will do anything to get what they want. If you ask me I think that this 18 months with good time will be sufficient enough for her to get her life together for her to actually know what it feels like to function normally without being on drugs or being under the influence of drugs. For her normal life normality is being on a drug and living that type of lifestyle, she does not live the way that us people that are not on drugs live. So it's easy for us to sit here and say just get off of it or just go to rehab, but you are so misinformed you don't understand how hard that is to do. I watch someone for years go through this and finally they are clean and sober and it is an amazing thing but they had to go to prison for it. Tell your daughter to keep her head up let her know that you'll be there to support her no matter what you love her, but that she needs to stick this out if you do choose to appeal this case or your daughter chooses to appeal this case that's going to be a lot of money and it's going to put y'all under immense amount of stress, so you have to ask your daughter is it worth it? Is it worth the copious amounts of time energy and money? Or should she just sit this one out get good time served cross her T's and dot her I's, learn from this be released find a job and continue with her life. I really do pray it gets better for you I understand exactly what you're going through so don't for a second think that I'm just telling you this for the hell of it, this is all-too-familiar have a blessed and wonderful day stay strong.

Mommaofinmate 09-06-2016 10:05 AM

Quote:

Originally Posted by PGLJF_9409 (Post 7562340)
Sounds to me like your daughter does need help, unfortunately if she was given an unfair judge she would of had less a chance at a rehabilitation or SAFP.
With a fair judge they usually will give first time offenders the chance to do in jail rehabilitation or some form of probation. You should talk to your daughter ask her if she would like to appeal her case, and see about getting her another lawyer, and a different judge. I understand you're upset that your daughter is having to go through this, but please understand that drug addiction is no joke and even if she is a one time or first-time offender this might wake her up and allow her to completely get sober and clean so that she can completely function in society. I understand that she pled to the judge that she wanted to get off the drugs and that she did not want to go to prison, but you have to understand she is an addict and that she would've done anything not to go to prison, having her drugs taken away from her is something that is very dangerous to a addict. addicts will do anything to get what they want. If you ask me I think that this 18 months with good time will be sufficient enough for her to get her life together for her to actually know what it feels like to function normally without being on drugs or being under the influence of drugs. For her normal life normality is being on a drug and living that type of lifestyle, she does not live the way that us people that are not on drugs live. So it's easy for us to sit here and say just get off of it or just go to rehab, but you are so misinformed you don't understand how hard that is to do. I watch someone for years go through this and finally they are clean and sober and it is an amazing thing but they had to go to prison for it. Tell your daughter to keep her head up let her know that you'll be there to support her no matter what you love her, but that she needs to stick this out if you do choose to appeal this case or your daughter chooses to appeal this case that's going to be a lot of money and it's going to put y'all under immense amount of stress, so you have to ask your daughter is it worth it? Is it worth the copious amounts of time energy and money? Or should she just sit this one out get good time served cross her T's and dot her I's, learn from this be released find a job and continue with her life. I really do pray it gets better for you I understand exactly what you're going through so don't for a second think that I'm just telling you this for the hell of it, this is all-too-familiar have a blessed and wonderful day stay strong.


Thank you for this reply. Yes, it's been hard. We aren't going to appeal. She's taking responsibility for her actions and is ready to do the I house rehabilitation


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