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  #1  
Old 10-16-2017, 05:53 PM
Kristina0314 Kristina0314 is offline
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Default Is rehab realistic? Is treatment common? Should I expect years?

Hey everyone,

I'm not really sure where to begin. My boyfriend was arrested on the 6th of this month and he's still in county. He's been arraigned, and now waiting for a preliminary hearing on Friday.

I have so many questions, most of them I've asked him directly but I fear sometimes he doesn't tell me everything in hopes to ease my mind and not make me worry.

Firstly, his charges:
Unlawful possession of a firearm by a felon
Possession of methamphetamine - 2 g
Parole violation

He's been out of prison since March, did 6 years, still has 1 over his head for previous charges.
I wasn't at the arraignment but his mom told me that he's looking at 5 years for the gun, and 7 for the possession. Run them concurrent do 7 years total.
He's asked his public defender about the rider program, drug court, and treatment.
Best case, he will go to in-patient rehab and do a 270-365 day rider. Worst case is 7 years.
He keeps telling me he will *probably* get a rider and more strict probation. Our state prison is completely full (imagine that) and he's HEARD that they are only sending violent offenders up there.

My questions:
Is a rider a realistic hope?
Is treatment a common thing?
Should I expect years?

My grandma called me the other day and told me he will go to federal prison. And if not then I should expect a 25-life sentence.
I took it with a grain of salt the size of Texas because she lives her life to stir the pot and cause drama.

Can they get him with habitual offender? They're different charges than his first time.
Is repeat offender the same thing as habitual?
Does his age play a part? He's 25.

The day before he was arrested I found out I was pregnant. Never told him. I wanted to, but last time I saw him on the outside he was high and it was just bad. That's also the night I found out he was shooting up. I guess getting picked up probably saved his life.
Anyways, if I get proof of pregnancy and give it to his judge will that play a role in getting leniency?

He wants his mama and I to testify in favor of him. What do I say?

Any experience with any of his charges, I'm open to hear the outcome.
Thanks!
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  #2  
Old 10-16-2017, 06:00 PM
Kyoto's May Kyoto's May is offline
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Quote:
Originally Posted by Kristina0314 View Post
Hey everyone,

I'm not really sure where to begin. My boyfriend was arrested on the 6th of this month and he's still in county. He's been arraigned, and now waiting for a preliminary hearing on Friday.

I have so many questions, most of them I've asked him directly but I fear sometimes he doesn't tell me everything in hopes to ease my mind and not make me worry.

Firstly, his charges:
Unlawful possession of a firearm by a felon
Possession of methamphetamine - 2 g
Parole violation

He's been out of prison since March, did 6 years, still has 1 over his head for previous charges.
I wasn't at the arraignment but his mom told me that he's looking at 5 years for the gun, and 7 for the possession. Run them concurrent do 7 years total.
He's asked his public defender about the rider program, drug court, and treatment.
Best case, he will go to in-patient rehab and do a 270-365 day rider. Worst case is 7 years.
He keeps telling me he will *probably* get a rider and more strict probation. Our state prison is completely full (imagine that) and he's HEARD that they are only sending violent offenders up there.

My questions:
Is a rider a realistic hope?
Is treatment a common thing?
Should I expect years?

My grandma called me the other day and told me he will go to federal prison. And if not then I should expect a 25-life sentence.
I took it with a grain of salt the size of Texas because she lives her life to stir the pot and cause drama.

Can they get him with habitual offender? They're different charges than his first time.
Is repeat offender the same thing as habitual?
Does his age play a part? He's 25.

The day before he was arrested I found out I was pregnant. Never told him. I wanted to, but last time I saw him on the outside he was high and it was just bad. That's also the night I found out he was shooting up. I guess getting picked up probably saved his life.
Anyways, if I get proof of pregnancy and give it to his judge will that play a role in getting leniency?

He wants his mama and I to testify in favor of him. What do I say?

Any experience with any of his charges, I'm open to hear the outcome.
Thanks!
I'm sorry to hear that, I'm currently on probation and they warned me any little crime I do would send me back to prison.
He will probably go back to prison for most likely over 10 years. Probably not life.
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  #3  
Old 10-16-2017, 08:23 PM
nygirl17 nygirl17 is online now
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I think you should wait and see what the outcome is before relying on anyone here to make you worry even more. Because we don't know what the judge will do. Being pregnant won't help his situation any. Just hope for the best and stay positive. My husband was looking at a minimum of almost 8 years....the prosecutor made a mistake and he got 38 months so anything can happen.
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Old 10-16-2017, 08:51 PM
onedayatatime13 onedayatatime13 is online now
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This is a lot to process at once. They may offer another deal of they haven't done so already. Charges could run concurrent, but the 1 yr of parole might be added to the end to finish.

Some do gun charges federally and some do it state. Depending on the state possession of a weapon is a violent charge whether it was used or not. Drug possession is nonviolent.

Unfortunately being pregnant does seem to have any affect with leniency. There are many on here who are pregnant. Yes, habitual means repeat offender.

It is still early yet. A lot can happen. Hopefully, he stays clean inside. How he behaves on there can affect the final outcome. It helps with placement afterwards. They read all the notes on his behavior.

You have a lot to digest and to consider. You may need to detach a bit and see if this is what you want. Be honest and ask yourself if he is capable of change and getting better. Being pregnant, your emotions are amplified 1000x.

With what happens in court, of you can I would go so you don't get all the information second hand. Again, this is of you feel comfortable. I didn't go. To me he needed to do this on his own and figure this out on his own. I researched stuff and explained things to him, but in the end he had to own his stuff and face it like a man.
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Old 10-16-2017, 09:59 PM
Kristina0314 Kristina0314 is offline
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Quote:
Originally Posted by onedayatatime13 View Post
This is a lot to process at once. They may offer another deal of they haven't done so already. Charges could run concurrent, but the 1 yr of parole might be added to the end to finish.

Some do gun charges federally and some do it state. Depending on the state possession of a weapon is a violent charge whether it was used or not. Drug possession is nonviolent.

Unfortunately being pregnant does seem to have any affect with leniency. There are many on here who are pregnant. Yes, habitual means repeat offender.

It is still early yet. A lot can happen. Hopefully, he stays clean inside. How he behaves on there can affect the final outcome. It helps with placement afterwards. They read all the notes on his behavior.

You have a lot to digest and to consider. You may need to detach a bit and see if this is what you want. Be honest and ask yourself if he is capable of change and getting better. Being pregnant, your emotions are amplified 1000x.

With what happens in court, of you can I would go so you don't get all the information second hand. Again, this is of you feel comfortable. I didn't go. To me he needed to do this on his own and figure this out on his own. I researched stuff and explained things to him, but in the end he had to own his stuff and face it like a man.

Thank you for your insight. I plan on going to his court hearing on Friday. I'll be here for him every step of the way. Me being present in court doesn't mean I'm doing it for him, holding his hand through it.
Sorry if I misunderstood!

I think with the right resources and actual support he is capable of change. He's never gone to rehab, I think that could be really beneficial to him.

Is this a life I want? No. I wouldn't choose it if I had the choice. But I love him, and I'm not going to give up on him.
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Old 10-16-2017, 10:03 PM
Kristina0314 Kristina0314 is offline
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Quote:
Originally Posted by nygirl17 View Post
I think you should wait and see what the outcome is before relying on anyone here to make you worry even more. Because we don't know what the judge will do. Being pregnant won't help his situation any. Just hope for the best and stay positive. My husband was looking at a minimum of almost 8 years....the prosecutor made a mistake and he got 38 months so anything can happen.
I understand. I just hear so many things from so many different people. I don't want to get my hopes up for 5 years or less and then be blind sided with 10,15,20 etc.

I try to stay positive. Sometimes I do good, other times I crash and burn hard
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Old 10-17-2017, 05:41 AM
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All of what you have heard from others is only their guess about what will happen. You will know more after the hearing Friday. His punishments (whatever they are) will be served in the system where the charges have been filed. If it is in a State court, that's where he will go unless the federal government steps in and formally charges him for the same actions.

Much can change between now and when his case is finalized, so be sure to take care of yourself and your baby. Once you know exactly what he is facing both of you can plan how to get through his sentence,
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Old 11-06-2017, 06:55 PM
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I've moved your thread to Prison Legal Help....the Husbands & Boyfriends forum is more for relationship issues, not legal questions
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Old 11-07-2017, 10:36 AM
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Quote:
Originally Posted by Kristina0314 View Post
Hey everyone,

I'm not really sure where to begin. My boyfriend was arrested on the 6th of this month and he's still in county. He's been arraigned, and now waiting for a preliminary hearing on Friday.

I have so many questions, most of them I've asked him directly but I fear sometimes he doesn't tell me everything in hopes to ease my mind and not make me worry.

Firstly, his charges:
Unlawful possession of a firearm by a felon
Possession of methamphetamine - 2 g
Parole violation

He's been out of prison since March, did 6 years, still has 1 over his head for previous charges.
I wasn't at the arraignment but his mom told me that he's looking at 5 years for the gun, and 7 for the possession. Run them concurrent do 7 years total.
He's asked his public defender about the rider program, drug court, and treatment.
Best case, he will go to in-patient rehab and do a 270-365 day rider. Worst case is 7 years.
He keeps telling me he will *probably* get a rider and more strict probation. Our state prison is completely full (imagine that) and he's HEARD that they are only sending violent offenders up there.

My questions:
Is a rider a realistic hope?
Is treatment a common thing?
Should I expect years?

My grandma called me the other day and told me he will go to federal prison. And if not then I should expect a 25-life sentence.
I took it with a grain of salt the size of Texas because she lives her life to stir the pot and cause drama.

Can they get him with habitual offender? They're different charges than his first time.
Is repeat offender the same thing as habitual?
Does his age play a part? He's 25.

The day before he was arrested I found out I was pregnant. Never told him. I wanted to, but last time I saw him on the outside he was high and it was just bad. That's also the night I found out he was shooting up. I guess getting picked up probably saved his life.
Anyways, if I get proof of pregnancy and give it to his judge will that play a role in getting leniency?

He wants his mama and I to testify in favor of him. What do I say?

Any experience with any of his charges, I'm open to hear the outcome.
Thanks!
Well here is my Out six months and already had a gun? Tells me this person doesn't care about straighten out their life., still using drugs. until he decides he wants to change no rehab or drug program is going to work. More then likely he is going to prison for the gun beef. I would say the state will take care of that along with the drugs.
I read these sections of Idaho Statues you may want to review it also 19-2514. Persistent violator — Sentence on third conviction for felony
18-3316. Unlawful possession of a firearm
Again just my Let his attorney and the courts do there part here.
The max he is looking at is life plus 5 on the two charges I listed here, This doesn't mean that is what he will get on these charges. Not knowing all of his past ,Section 19-2514 may not even apply to him. It is a wait and see thing now . Do not listen to all that you hear do some research on him and his charges.
You say you don't think he is being 100% honest with you. Well maybe you need to look at your relationship with him. I am no relationship expert. Honesty and trust are two important steps in building a long term relationship.
Don't be blinded by your heart listen to your brain.
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  #10  
Old 11-07-2017, 09:43 PM
GlassCity1982 GlassCity1982 is offline
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Rehab or Drug Cour is probably off the table as an option for him. If he was already in prison and was out 6 months and now has 2 new charges, one being felon in possession of a firearm, there is no way he not going back to prison.

No prosecutor in any state regardless of state laws or what min/max sentence is and regardless of prison system overcrowding is going to let him walk the streets.

He's lucky he's not being charged as a prior and persistent offender. His case can also be referred to the Federal Prosecutor's office for the felon with a firearm and the feds could pick up a gun charge on him and that's a minimum of 5 years in the feds at 80%.

Felon in possession of a firearm is going to give him time regardless because most prosecutors look from experience that he is considered a menace and danger to society because of his ability to re-offend, being in possession of an illegal weapon and illicit drug use.

He's going to go back to prison regardless of the outcome of the other charges because of the parole violation. A laws violation usually in most states will result in the offender being sent back to prison on a setback of a set time period, if not required and ordered to complete the remainder of their sentence.

You being pregnant will absolutely have no affect on his case, his possible sentence, or his ability to possibly get rehab. Its nothing personal and please take no offense but you may as well consider yourself a single mother because that is the way the state prosecutor's office and the judge are going to look at it. No court take mercy on someone for crimes they may have committed because their wife/girlfriend is pregnant.

From personal observation this is just my opinion, he doesn't seem to want/be willing to change. Perhaps his going to prison is the best thing for him. It will give him an opportunity at having time being clean and sober if he chooses not participate in the illegal drug trade that is rampant in prisons across America.

Most correctional institutions have treatment and programs available to offenders to assist in the correction of criminal thinking, behavior modification and put an emphasis on sobriety and living drug/alcohol free.

That is what he needs, not a slap on the wrist and drug court which most drug courts across America have a high fail rate and low success rate.

You need to be thinking about yourself and your baby, not concerning yourself on whether he gets a slap on the wrist or goes to rehab. If he wants rehab or a long term treatment program then let him do the legwork with his attorney and petition the judge and prosecutor for it and see where it goes from there.
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Old 11-08-2017, 12:41 AM
GlassCity1982 GlassCity1982 is offline
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Correction to my own post, you have to do 87.5% of your time in federal prison, I previously quoted 80% and was mis-informed, my apologies for any confusion this may have caused.
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Old 11-08-2017, 04:13 PM
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I read this the first time and thought, boy, I can hear the yearning of the OP for things to be different, for this to act as a wake-up call that the defendant needs, and that he will be sober, clean, and by her side when she gives birth. I can hear it.

It's not going to happen. Prepare for that; it's not going to happen.

As to what his sentence will be? Dunno. Do know that in the states where I work, he would be doing time for felon in possession. The Feds go after guys for felon in possession as well.

Like glass said, he's done a lot in the 6 months he's been out, and most of it to show that he really needs to be inside as he doesn't want to change. At least for now. I'd also wager you're doing more to get him out right now than he is. Is he doing AA/NA meetings in jail? Is he calling about putting more and more money on his books (an indication that he's using in the jail)? Is he trying to organize character letters from jail? Is he doing what he can in jail to find appropriate treatment/counseling? Does he even have a list of aa/na meetings in his area for when he gets out and a plan for staying clean and sober, getting employed, etc?

Look, I'm going to be an ass about this. I'm an attorney. I'm also the sister of an addict/alcoholic. My brother has been doing this dance for more than 30 years, though he was bright enough to never do it as a felon in possession. He also did most of his heavy lifting before Mandatory Minimums, and is now just doing small stints for simple possession, DUI, and crap like that (may he never harm another person with his vehicle).

As a sister of an addict/alcoholic, I know how much you hope and pray that adequate support and treatment is the course of action.

As an attorney, I know that it almost always takes more than one shot at treatment for them to get clean and sober. The average is something like 8 or 9. Let that sink in a bit. Now parole, judges, prosecutors all know that it takes that many shots at getting clean and sober for a person to get clean and sober (generally). They look at those statistics and they don't want to waste treatment beds on people who are not ready, even if they have people on the outside who are ready for him to get clean and sober.

the most frustrating thing about this for a sister is that I've seen my brother time and again go to treatment and then blow it off the moment the courts are off his back. Family? He can smooth talk his way back into treatment, at least he used to figure, when he surfaced again, using, drinking, broke, in debt, people pissed off because he stole from them, and just generally being a using moron whose addiction is speaking louder than he can or is willing to try.

6 months - that is quite a laundry list of reasons why the court won't cut him a break, and that's without considering the rest of his record.

Breathe deep. Control what you can control. Make sure your baby is born happy and healthy and you have the support you need as a new mother. Start going to AlAnon meetings in your area - those are free meetings for loved ones of addicts and alcoholics. You'll learn a ton about addiction and alcoholism, and some stuff that will be practical as well - what treatment options are available. Further, you'll learn the warning signs that he's using again, even in jail or prison. You'll be able to find an attorney to address the family law issues as well as the issues particular to using parents, like what to do if he shows up demanding visitation while intoxicated. You'll need the support of a group like that when he comes out, especially since it is likely that your child will still be a minor.

It has taken me a long time to actually respond to your thread because this is such a difficult situation and it strikes so close to home. You have a tough road ahead of you. Get as much support lined up for you and your child as possible. This is the first call to order.
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