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Charged with Assault; What would a reasonable plea deal be?
I am a recovering alcoholic. And when I relapse, I do it up good. A DUI in 2014, I think? I had an Assault 4 charge in 2015 (long story, but my 20-year old son came home high as a kite and was hallucinating. Probably spice. I absolutely did punch him when he had me cornered against the wall). I don't know/remember what those terms of probation or release were.
I relapsed this weekend and got into an argument with a man I love so very much. Drunk as hell, I just wanted him to leave, so I called 911. Cops came, and since I had left scratches on his face, they arrested me. Mind you, he's 6' 4" 280 pounds. But a gentle giant. I was totally and completely guilty and blackout drunk. So they hauled me off to jail.
So the thing is, I am on disability for mental illnesses. I was only in the jail for 22 hours, but those conditions caused me to really freak out. Hour two I dug on my wrist enough under the covers to dig through the skin, so if and when there was a breakfast tray, I could shove a fork into my vein. Now that I've been on the internet, I realize given the reputation of the Detention Center, I am assured MSRA doing that. lol so I don't cry.
I don't have money for a lawyer unless they would take payments. I think there is a Veteran's Court program I might qualify for. My NUMBER ONE priority is to get the "no-contact" order lifted. And if you have advice to do that? Should he go talk to the prosecuting attorney?
To make matters more complicated, Rick and my son (who the arresting officers determined were victims) came up with my bond $ so I could continue the scheduled appointments I have. Tomorrow cardiac issues. Friday a CT of kidneys and bladder for suspected cancer. Next Wednesday back to the Gastro doc, she had removed something like 14 polyps during colonoscopy. Next Friday, scope of bladder for thickening of wall that might be cancer.
Looking on the internet, the Veteran's Program is two years long, and there's not much about it. So I looked up the drug court (I don't do drugs, I'm an alcoholic). But story after horror story about if you are 3-minutes late for an appointment, you get written up. And end up back in jail anyways.
If I am able to find an attorney that would accept payments, what would a reasonable plea deal be? Could jail time maybe be structured around these medical appointments? My first court date is the first week in April, I'd like to get resolution on that first appearance because we need that $500 bond money back.
I'm rambling. I would appreciate all your advice and help. <3
Last edited by patchouli; 03-23-2017 at 06:31 AM..
Reason: removed speicifc county name per member request
You will be appointed an attorney if you cannot afford one. Stop by the District Court Clerk's Office and ask for the application....fill it out & take it with you to your first court hearing.
The 'No Contact" is most likely a condition of your bond at this point. Have contact with either one of them, as you face going back to jail with no bond.
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EDIT: They "could" have you serve weekends for a time; they could place you on probation; they could sentence you to jail; they could order rehab; Drug Court is not an option if your sentence is less than 2 years; there is no way to determine the outcome.
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Last edited by patchouli; 03-20-2017 at 03:56 PM..
Color me a dumbass. But this patchouli, supposedly an administrator? WTF I really thought this was a legitimate place to seek advice.
This is a legitimate place for information, support & understanding Most of our members 1) have or had a loved one in prison; 2) have been in prison or jail 3) work in some capacity within the legal system.
Your charge is a misdemeanor....I wouldn't expect you'd do much, if any, time over it, unless you decide to not abide by the NCO and the conditions of your bond.
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Last edited by patchouli; 03-20-2017 at 04:04 PM..
Reason: Merged 2 consecutive posts
The charge may be a mis at this moment, but guaranteed, you have contact with your victims, you will get the DV charge on top of it and get no bail.
A PD is a licensed attorney who will defend you. They have a ton of experience with this sort of stuff. They will look at all of your facts and circumstances to help you determine whether you should or shouldn't plea. Your job, ATM, is to adhere scrupulously to your bail conditions about everything. No drinking, stay away from your victims, etc. you also need to fill out the indigency paperwork patch mentioned so you can have representation.
Now, if you don't qualify for the free attorneys and you're on disability, don't expect attorneys to be lining up pro bono or low bono to help. They know they won't get paid. You may have some sort of legal benefit through the VA, but that would be news to me.
If you can't do what you're supposed to do and stay away from your victims, go to a psych hospital and stay there. A case worker will help you navigate the financial paperwork for the PD. The shrinks there will help you with your dual diagnoses as well as your tendency to batter. You're going to need that in order to have any reasonable possibility of getting the no contact removed after you've completed your sentence. Your victims need to have their own counseling, should do Al Anon, and have their therapist get in touch with your therapist to monitor progress.
The no contact will not be removed until your case is complete.
Nobody gives a shit about your physical condition when it comes to repeat offenses. The state is going to think jail and or prison are a good choice for somebody who's been offending similarly since 2014. Further, since you haven't gotten useful help for your addiction compromised by your physical and mental Heath issues, they are going to think that they will be saving your victims and your future victims a lot of grief.
What you need to do is get into a program for dual diagnoses folk after talking with your PD.
Last edited by yourself; 03-20-2017 at 04:29 PM..
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