Old 08-17-2006, 07:59 AM
  # 9 (permalink)  
leviathon
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Join Date: Mar 2006
Location: Somwhere over the rainbow
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Vet, I am in Canada, not US, but the principles of sentencing are the same... deter, rehabillitate, separate dangerous offenders, denounce

To you that means... the court will want to deter you and others from this type of conduct b/c of the danger to society (think some form of jail/probation sentence), if you demonstrate a willingness to recover (think SR, AA, counselling) the court will consider that as a mitigating factor in your favour. The court will want to denounce your conduct (think penalty (jail/probation/fine) ... unless you harmed someone in an mva, then the separation from society factor (jail) is an issue...

However, as you are now on strike two, the court will not be happy with you. How long since your last one? More than five years and it will be given far less weight. Less than five years it is indicative of a problem ... you must demonstrate you are now dealing with it. Be honest with the court about what you are doing... AA is good... bring your sponsor and your notes, bring others from AA that can demonstrate you have their support ... judges know AA does work for those that really want it.

You need to do everything in your power to accept responsibility (early plea and sentencing, treatment, admission of your alcoholism, etc.) to demonstrate to the court that you are taking this seriously. If you have a lawyer they will do this for you, if you do not, you need to do this. Write out some notes, demonstrate to the court that you are taking this seriously, write a letter of sincere apology. Get support letters from counsellors, AA mentor, etc., and attach a copy of your AA journal so the court can see you are serious about AA and actually involved and participating. Get a commitment from family and AA people (sponsor) to attend with you and support you, let the court know they are there.

As a lawyer I do this all the time, it really does make a difference in how the judge perceives you... these judges deal with this all the time... they are sickened by the lack of responsibility and remorse they see... show them you are different and want a change.

Flipside, be prepared for the worst, bring your toothbrush, etc. Not sure of the sentences there, but if you go to jail, be prepared for it, don't let your anger at sentencing undermine your recovery, seek resources in jail if you end up there to assist you in building your recovery foundation.

Hope this helps. IF you want more insight PM me directly.

Peace, Levi
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