Isaiah

I just want to be explicit right from the get-go as I know this isn't a legal advice forum and to be fair to the owners of SR don't wish for any sort of legal advising.

But the situation I am in right now, my girlfriend recently had her car stolen. It was found over a week later by police. A woman was arrested, drugs were found in the car, she was about to swap the car for more drugs, and she is a known meth addict and mother. My girlfriend has had to pay several hundreds of dollars in impound fees, car repairs, and has suffered a great deal of stress over this.

The criminal trial is underway, and the state's office has said the defense lawyer might come to her and ask her for a statement of leniency to the woman. My girlfriend feels that the woman needs rehab and that it'd be pointless to think of compensation from someone who's criminally broke due to addiction. Myself, being a recovering alcoholic, I am more inclined to think that this woman needs to face the consequences of what she's done in her addiction, and (too much) leniency would just say, in a way, "it's okay that you've hurt people because you're an addict."

I am definitely pro-rehabilitation and anti-punishment, but there is rehabilitative quality in being made accountable for one's mistakes. I hope they send her to treatment, and I pray she finds recovery, but my girlfriend and I are both paying for this situation more than we can afford--we've both chosen very low-paying professions and this has affected us a lot--and we can hardly afford to be the financiers of anonymous addicts.

So that's the story. What I ask for is perhaps a perspective worth consideration. Some objective advice, perhaps. I'd like to think that even though this has been an economic catastrophe to us, it's only money and we'd like to think of ourselves as charitable people, but is that sort of charity going to help this woman as a dignified human being or is it going to help an addict as an addict?

Isaiah

I have been thinking about that "stick to the facts" bit of it. Is that, in your opinion cynical_one, a sort of way of being detached from the issue?

I know that people who are friends/family struggle with the emotions of love and attachment to others, and that part of recovery for them is to change emotional wants into hard fact. This is sort of similar then, I suppose?

I know my girlfriend, who has not had a lot of dealings with addiction, kind of thinks she can "save" this woman through forgiveness. But that can be the delusion of co-dependency, yes? Even if we have no knowledge of or history with this woman...?

I realize this is a stretch from those of you who deal more directly with addicts who are a part of your life, but I do appreciate any and all advice, and wasn't sure where else to post this.

outtolunch

The court has more information than either of you. Let the court do its job.


The car was stolen. It was inconvenient and your friend incurred some out of pocket cost to recover it. Chances are the cost is less than the deductable, had this been a total loss, so there's an briteside, no?side.

I would opt out of speculation that the defence attorney might ask your friend for a statement of leniency? I would also decline an actual request, in the off chance it's made.

I have no interest in the backstory of criminals. That's me.

EJG123

It's really your girlfriend's call about whether to write a letter or not. If she wants to write a letter that does not express your views, I am sure you are free to write a letter too. No one really knows how any letter would affect the court, the offender, or the sentence anyway. Restitution from an addict?..Don't hold your breath.

BeingStill

I know that most courts have victim departments, and victim impact statements are taken into consideration. The penalties for certain crimes have some flexibility as far as sentencing guidelines are concerned, and victim statements can sway a judge in a certain direction. Sentencing isn't always cut and dry. The court does have the last word, but victim impact statements are allowed for a reason.

If your GF wants to make a written statement, I suggest she do that through the Prosecutor's Office, not through the Defense. I have written statements twice in situations such as this, and directed them to the Prosecutor on the case. Working with the Defense is a bad idea IMHO. Your GF could say the same thing to the Prosecutor, who, in essence, is working for her already. I wouldn't align myself with the perp.

hopeandbe

In the Court where I work, we have a Victim's Statement wherein your girlfriend can request payment when restitution is ordered. The Defendant may request a Restitution Hearing, and your g/f will have the chance to show up with proof of her claims. She may also write a letter.

Some judges may allow a Defendant to skip paying the fines and fees if they are destitute, but usually they will still order restitution, or at least "restitution to the victim to be determined."