Stepdaughter 20 has court appearance for meth and heroin
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Stepdaughter 20 has court appearance for meth and heroin
I check the circuit court in our state occasionally for people’s names when I’m bored. I check SD’s name quite a bit because I assume at some point she will get into trouble. I checked last week and I came across a court appearance that she had back in February. It didn’t give much info other than she was going to apply for the diversion program, which I had to look up. Apparently this is what you do as a first time offender if you don’t want the arrest to be on your record. She would have to admit to the charge, be monitored for a year and stay true to the plan and if she offends again then the charge would stick. She lives 3 hours south of us with her now fiancé after just moving from her mother’s house last month. We rarely see her and she only seems to call H when she wants something or she has some drama going on in her life. Well she called on Saturday night, first talking about a concert she wanted to see and then told H about this diversion program. He had no idea what she was talking about. She is saying that when she was with her previous boyfriend that they and another guy in the car got into an accident. She claims she was sleeping in the back seat when it happened and was out cold. Not sure if she was so asleep when she was out cold or if she got knocked out during the crash. Anyways she says the guys put the heroin and meth they had into her purse during that time and she didn't know it. Keep in mind that she says she didn't/doesn't do meth or heroin but she was with a guy that did. Riiiiiiiight! She left her purse in the car so she must have been out of it and the car got impounded. When the cops went through the car they found this stuff in her purse and that's when she got arrested.
She is saying this occurred with her old boyfriend. Now she's been with this new fiance since late October. However, on that court docket it says that the mailing of her to appear in court occurred on January 30. Would they have really waited that long, 3 months, to mail that? And wouldn't she have been arrested like the day of or after the accident and have that go into the court system? She kept reiterating to H that it wasn't hers, but that is irrelevant at this time. It's too late. So she tells him about this diversion program and how if she admits that it was hers that it won't be on her record. H is livid that she is admitting on paper that it was hers when she keeps reiterating it wasn't and how the public defender she got doesn't care. How she needs to get a lawyer, but can't afford one and I sure as hell hope H doesn't pay for one. He can't afford it either. Oh and she goes on to say that they told her she could get up to 10 years in jail for the offense so she is freaking out about that. H says that she isn't going to go to jail for 10 years on a first offense.
So this is the angel that H says gets blamed for things she doesn’t do. She’s been drinking for at least a couple of years, smokes pot and we have no idea if she does indeed do heroin and meth, but why would you hang around and date someone who did if you didn’t too? I really hope he doesn’t pay a cent towards a lawyer. She is 20 and an adult and responsible for her actions. She can’t go running to daddy whenever life gets hard.
She is saying this occurred with her old boyfriend. Now she's been with this new fiance since late October. However, on that court docket it says that the mailing of her to appear in court occurred on January 30. Would they have really waited that long, 3 months, to mail that? And wouldn't she have been arrested like the day of or after the accident and have that go into the court system? She kept reiterating to H that it wasn't hers, but that is irrelevant at this time. It's too late. So she tells him about this diversion program and how if she admits that it was hers that it won't be on her record. H is livid that she is admitting on paper that it was hers when she keeps reiterating it wasn't and how the public defender she got doesn't care. How she needs to get a lawyer, but can't afford one and I sure as hell hope H doesn't pay for one. He can't afford it either. Oh and she goes on to say that they told her she could get up to 10 years in jail for the offense so she is freaking out about that. H says that she isn't going to go to jail for 10 years on a first offense.
So this is the angel that H says gets blamed for things she doesn’t do. She’s been drinking for at least a couple of years, smokes pot and we have no idea if she does indeed do heroin and meth, but why would you hang around and date someone who did if you didn’t too? I really hope he doesn’t pay a cent towards a lawyer. She is 20 and an adult and responsible for her actions. She can’t go running to daddy whenever life gets hard.
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Unfortunately I have experience with this topic. My experiences concerning drugs & court came from my relationship with an addict.
I'm my State the initial charges are filed by the local municipality. When drugs are found in a car with multiple occupants the charges go to the person or persons who had control & access to the drugs.
If the drugs were in your SD purse & that purse was in the car, even if the purse was examined while the car was in impound, your SD would get the charges.
The local municipal Judge handles the arraignment & depending on how much drugs are involved & other circumstances, the local municipality may try the case or transfer the case to State Superior Court.
Also typically the drug evidence is sent to a lab for testing. So depending on the court venue docket, lab test results, defense attorney assignment & preparation there can often times be lengthy delays.
Drug court diversion programs are offered up early on in the process as long as the defendant meets certain requirements. The courts are overwhelmed with drug cases. So rather than plea bargaining or trying all the cases, certain defendants who meet all eligibility requirements can choose to go this route.
Failure to abide by all the drug court mandates, can result in the full prosecution for the original charges. Full compliance with the program can result in the initial charges being sealed.
All of the above may vary somewhat State to State.
I used to speak to the court clerks & they usually would answer my questions. I found out a lot of details which she (my addict) wouldn't tell me.
BTW I've heard the story first hand several times before that the drugs and / or drug paraphernalia wasn't mine.
I am sorry for your situation. Your SD is an adult, I think its best to let her deal with the court system.
I'm my State the initial charges are filed by the local municipality. When drugs are found in a car with multiple occupants the charges go to the person or persons who had control & access to the drugs.
If the drugs were in your SD purse & that purse was in the car, even if the purse was examined while the car was in impound, your SD would get the charges.
The local municipal Judge handles the arraignment & depending on how much drugs are involved & other circumstances, the local municipality may try the case or transfer the case to State Superior Court.
Also typically the drug evidence is sent to a lab for testing. So depending on the court venue docket, lab test results, defense attorney assignment & preparation there can often times be lengthy delays.
Drug court diversion programs are offered up early on in the process as long as the defendant meets certain requirements. The courts are overwhelmed with drug cases. So rather than plea bargaining or trying all the cases, certain defendants who meet all eligibility requirements can choose to go this route.
Failure to abide by all the drug court mandates, can result in the full prosecution for the original charges. Full compliance with the program can result in the initial charges being sealed.
All of the above may vary somewhat State to State.
I used to speak to the court clerks & they usually would answer my questions. I found out a lot of details which she (my addict) wouldn't tell me.
BTW I've heard the story first hand several times before that the drugs and / or drug paraphernalia wasn't mine.
I am sorry for your situation. Your SD is an adult, I think its best to let her deal with the court system.
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Thread Starter
Join Date: Jan 2013
Posts: 19
Originally Posted by HardLessons 
Unfortunately I have experience with this topic. My experiences concerning drugs & court came from my relationship with an addict.
I'm my State the initial charges are filed by the local municipality. When drugs are found in a car with multiple occupants the charges go to the person or persons who had control & access to the drugs.
If the drugs were in your SD purse & that purse was in the car, even if the purse was examined while the car was in impound, your SD would get the charges.
The local municipal Judge handles the arraignment & depending on how much drugs are involved & other circumstances, the local municipality may try the case or transfer the case to State Superior Court.
Also typically the drug evidence is sent to a lab for testing. So depending on the court venue docket, lab test results, defense attorney assignment & preparation there can often times be lengthy delays.
Drug court diversion programs are offered up early on in the process as long as the defendant meets certain requirements. The courts are overwhelmed with drug cases. So rather than plea bargaining or trying all the cases, certain defendants who meet all eligibility requirements can choose to go this route.
Failure to abide by all the drug court mandates, can result in the full prosecution for the original charges. Full compliance with the program can result in the initial charges being sealed.
All of the above may vary somewhat State to State.
I used to speak to the court clerks & they usually would answer my questions. I found out a lot of details which she (my addict) wouldn't tell me.
BTW I've heard the story first hand several times before that the drugs and / or drug paraphernalia wasn't mine.
I am sorry for your situation. Your SD is an adult, I think its best to let her deal with the court system.
I'm my State the initial charges are filed by the local municipality. When drugs are found in a car with multiple occupants the charges go to the person or persons who had control & access to the drugs.
If the drugs were in your SD purse & that purse was in the car, even if the purse was examined while the car was in impound, your SD would get the charges.
The local municipal Judge handles the arraignment & depending on how much drugs are involved & other circumstances, the local municipality may try the case or transfer the case to State Superior Court.
Also typically the drug evidence is sent to a lab for testing. So depending on the court venue docket, lab test results, defense attorney assignment & preparation there can often times be lengthy delays.
Drug court diversion programs are offered up early on in the process as long as the defendant meets certain requirements. The courts are overwhelmed with drug cases. So rather than plea bargaining or trying all the cases, certain defendants who meet all eligibility requirements can choose to go this route.
Failure to abide by all the drug court mandates, can result in the full prosecution for the original charges. Full compliance with the program can result in the initial charges being sealed.
All of the above may vary somewhat State to State.
I used to speak to the court clerks & they usually would answer my questions. I found out a lot of details which she (my addict) wouldn't tell me.
BTW I've heard the story first hand several times before that the drugs and / or drug paraphernalia wasn't mine.
I am sorry for your situation. Your SD is an adult, I think its best to let her deal with the court system.
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Join Date: Jan 2013
Posts: 19
Originally Posted by AnvilheadII
i'd say about the only true thing she told you was that there is a pending court case.
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I don't know any of your details.
I know in my in my relationship one of her cases was transferred from local municipal court to Superior Court.
I was told by the Superior Court Clerk that her case was transferred to Superior Court due to being a repeat drug offender & the amount of heroine & drug paraphernalia (needles) found in the car. This all came about due to a routine traffic stop for running a stop sign. There were other occupants in the car. The drugs & paraphilia were not directly in her possession. The arresting officer saw one needle in plain view.
I respectfully asked the Superior Court clerk if I could call her like once ever two weeks just to check on the status of the case. She said yes & I did. She was always very helpful. I was not trusting anything my addict told me.
Its my understanding that when drug cases are transferred to Superior Court there are serious reasons why that decision was made by the municipal court judge.
In hind sight I should not have involved myself in this at all. I didn't do anything wrong, she did. It was none of my business. I allowed myself to be sucked into this type of ongoing BS. I stressed myself out over it to no end.
Thanks
I don't know any of your details.
I know in my in my relationship one of her cases was transferred from local municipal court to Superior Court.
I was told by the Superior Court Clerk that her case was transferred to Superior Court due to being a repeat drug offender & the amount of heroine & drug paraphernalia (needles) found in the car. This all came about due to a routine traffic stop for running a stop sign. There were other occupants in the car. The drugs & paraphilia were not directly in her possession. The arresting officer saw one needle in plain view.
I respectfully asked the Superior Court clerk if I could call her like once ever two weeks just to check on the status of the case. She said yes & I did. She was always very helpful. I was not trusting anything my addict told me.
Its my understanding that when drug cases are transferred to Superior Court there are serious reasons why that decision was made by the municipal court judge.
In hind sight I should not have involved myself in this at all. I didn't do anything wrong, she did. It was none of my business. I allowed myself to be sucked into this type of ongoing BS. I stressed myself out over it to no end.
Thanks
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