Jail or rehab?

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Old 01-28-2009, 12:48 PM
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Jail or rehab?

Which has been the best for your respective addicts in terms of rehabilitation?

The reason I ask is my friend who is an addict was picked up for some drug charges with her drug dealer cousin. I dont know exactly what the charges are, but I know they are drug related. She spent 2 days in jail so I assume they were substanial enough to get her arrested. According to PA state law the penalty for drug possession charges are as follows:

Possession of other Controlled Substances Penalties (Heroin, Cocaine, LSD/Acid, Ecstasy/MMDA, Meth, and prescription drugs including Vicodin and Oxycontin or illegal steroids).

Up to one year in prison, and/or a $5,000 fine first (1st) offense
Up to two years in prison for a second (2nd) offense
Up to three years in prison for a third (3rd) offense

Possession of more than five grams of crack (cocaine) may be subject to a minimum penalty of 5 years in prison.
I heard that judges usually order the addict to rehab, instead of sending them to jail. But I don't think this is her first offense. So is it more likely she will do jail time this time around or what? Anyone have any insight or personal experience with this?

Thanks
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Old 01-28-2009, 01:13 PM
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((ksaun))

I have had loved ones that have been in rehab and in jail and some that have been in both -

it has never been about the place they have gone to - it has been about where they are in their walk. It's about their willingness to be open to a better way of life, to listen and try new ways of thinking and dealing with their disease.

From my understanding of the crazy judicial system - each case is different - you will never know which way things will go as far as what type of sentencing she will receive - which ever it is all we can do is pray that her mind and heart will be open to hearing the way to a healthier life.

HUGS to you,
Rita
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Old 01-28-2009, 02:02 PM
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From your previous posts, she left a court ordered rehab 3 days early, ( I wonder how that works) just a few months ago. I suspect this may have some influence on the outcome.

Regardless, she will be in a safe place and the rest is up to her.
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Old 01-28-2009, 02:29 PM
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Ufortunately, I have a great deal of experience with the judicial system and drug charges.

Each case is different. If I'm reading this correctly, is your friend the one who left court ordered rehab 3 days early not long ago? If so, that is going to weigh very heavily on what a Judge decides to do. Unless she left treatment for emergency medical care or something like that, I seriously doubt that any Judge is going to give her a second chance at treatment especially if this was only a few months ago.

I think Judges,for the most part, really do want to give someone the opportunity to get help. But if the person doesn't take full advantage of it, then they don't have much of any other choice than to sentence someone to jail/prison.

If she does get locked up, like outtolunch said, at least she will be somewhere safe (for the most part)

Judy
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Old 01-28-2009, 02:40 PM
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I really dont care how or where she gets clean. As long as she gets clean and stays clean. If that means she has to go to jail to get to the point she is ready to go to rehab, then so be it. I don't want it to have to come to that but thats not up to me.

It may not even be up to her at this point.

I don't even know when her court case is. I would like to go just to see what her sentence is. I'm sure I could find out if I wanted to. But don't know if that would be such a good idea given she and I are not talking and in her words "I feel nothing for you, good or bad"

I still want to support her but where do I draw the line? How do you deal with someone that says something like that to you? Is that what she really feels? or is it the drugs talking? I don't know anymore. I'm finding it hard to believe anything she has said to me.

SO... going to her trial, good or bad idea? Im thinking BAD!! But would like others perspectives on this one.
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Old 01-28-2009, 02:48 PM
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Each case is different. If I'm reading this correctly, is your friend the one who left court ordered rehab 3 days early not long ago? If so, that is going to weigh very heavily on what a Judge decides to do. Unless she left treatment for emergency medical care or something like that, I seriously doubt that any Judge is going to give her a second chance at treatment especially if this was only a few months ago.
Yes, your correct. She did leave 3 days early from detox. She was ordered to detax because she failed a urine test associated with the CYS case of her trying to get her daughter back. it wasn't a drug charge, as far as I know. But since she got arrested for the current charges the CYS case was closed.

As I said in the past post, I really dont care where she goes as long as she gets and stays clean. But that will be up to her and if she is ready.
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Old 01-28-2009, 06:45 PM
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Everyone's case is different, and it depends on the state and the nature of the offense, and I hate to say this, the race of the defendant. That having been said in any state, judges are pretty hesitant to throw people in jail for non-violent drug offenses, even if it is the second or the third. That is not to minimize the implications of any kind of run in with the law, but with our jails bursting at the seams as it is it is tough to get sent away unless you are a violent offender. And of course your friend is a woman, and so no judge has to worry whether she is at risk of doing violence (presumably she could be but the chances are much less than if she were a man).
I am fairly certain the more than five grams of crack might get you five years was thrown out with last years supreme court decision in which they ruled that mandatory sentencing laws for crack had to be brought into line with laws for regular cocaine, but that is something you would want to check with a lawyer about. One way or another, she is probably already aware that there are consequences to using substances, and if it requires serious consequences to get her clean, then she will have to face them at some point.
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