Hey, anybody know anything about drugs? I need help for a friend.

[Sequoia]

A friend of mine's nephew is being taken to court over posession of marajuana (a very tiny amount). He is already beginning rehab, and its' really helping him a great deal. However, where he is, they have NEVER sentanced only rehab for this conviction. He is nineteen, and really should not go to jail, it will screw this kid up far more.

So I'm trying to find any articles, research, anything that is possibly viable in a court or such, stating that sending this kid to rehab will be FAR better than sending him to jail, and that jail actually has been known to increase drug use (I know I've seen this somewehre, I'm doing a lot of searching for the thing I read).

Any help would be GREATLY appreciated!!! Any info!

~Puma

[Melysande]

Wouldn't this be a job for his lawyer?

[*~*Chary*~*]

Seek Legal advice meanwhile ... tell me what country this is so i can find out for you

[Phoenix Blue]

One thing that will help Chary with her information search is, how much is a "tiny amount"? **Smiles** That would likely affect sentencing. . .

Chary, unless I'm mistaken, it's the United States, state of California.

[*~*Chary*~*]

Ok PB ... also i need to know the amount you are right ... because they could accuse him of pushing the frug if he has more than a certain amount ... i will look up california's drug laws at the moment

he wil probably be taken to drug court

Californias stance on this is as follows:

Drug cases, more than any other type of cases, recognize that treatment is far more appropriate than jail or prison in helping people deal with a drug problem. But if you have been arrested for a drug-related offense, there are different treatment options, each with its own pros and cons. Alternatives include Diversion, Drug Court, and Proposition 36.

Each of these choices has different requirements for their successful completion. The accused may be eligible for one or more of these alternatives. A knowledgeable defense lawyer who cares about your personal situation will be able to help you make the best decision about which avenue to take

Diversion requires the accused to enter a plea of guilty to the charge, but the accused is NOT sentenced. (Remember, nothing is final in criminal cases until the defendant is sentenced.) The accused must then undergo the diversion program, which is a series of classes. Drug testing is random, and a “dirty” test can create new legal problems, most seriously that the accused has already entered a guilty plea and can be sentenced on that plea.

There are certain eligibility requirements that must be met before the defendant can be placed on Diversion. Again, the assistance of a knowledgeable criminal defense lawyer is important, to ensure that this option is made available if the accused qualifies.

If diversion is successfully completed, the case is dismissed, and the defendant can truthfully answer that they were not convicted of that crime.

[*~*Chary*~*]

A Drug Court is a special court given the responsibility to handle cases involving drug-addicted offenders through an extensive supervision and treatment program. The specifics will vary from courthouse to courthouse, but each program will typically be separated into phases, where the participant will earn more freedoms with the passage of time and successful completion of the preceding phase. Sometimes a period of incarceration is required. When the program is successfully completed, the case is dismissed.

If a criminal defendant is convicted of a Non-Violent Drug Possession Offense after July 1, 2001, they may be eligible for Proposition 36 sentencing. Prop 36 sentencing consists of probation and drug treatment, and specifically states that a defendant shall not be required to spend time in jail as a condition of probation

A Proposition 36 sentence requires treatment for up to one year, with an additional six months of aftercare. This may include outpatient treatment, halfway house (sober living) treatment, narcotic replacement therapy, drug education or prevention courses and/or limited inpatient or residential drug treatment as needed to address special detoxification or relapse situations or severe dependence. However, a Prop 36 sentence does not include drug treatment programs offered in a prison or jail facility. Jail is only a possible sentence where multiple efforts at rehabilitation have failed.

Note that possession for sale, production or manufacturing controlled substances DO NOT count as Non-Violent Drug Possession Offenses, and Prop 36 relief is not available.



So as you can see i need the amount so as to whether he is eligible for any of these options

[*~*Chary*~*]

One of the benefits to Prop 36 relief over Diversion is that it does not require a guilty plea; Prop 36 treatment is still available after a jury trial. However, there are some downsides as well: there is still a conviction on record while in treatment, and a person is not granted leave to deny that it occurred. Dismissal of the case is not automatic, and it remains to be seen how courts will deal with this.

Because of these variables, it is essential that anyone facing a drug charge receive legal advice from an attorney that can advise the accused about all of his or her options.

[Twig]

Check with your local chapter of NORML.

Peace,
Twig
:elf:

[MammaStar]

I've had some experience. My bestest bud (who's due to get out finally in November) is in federal prison for possesion (with intent to sell) of LSD. Why it's a BIG difference from your friend, depending on the "small" amount, which I'm assuming was over a tiny bag. Cause cops usually don't waste their time for a nickelbag or one or 2 joints. There are mandatory minimum laws and here in NY, we have the lovely Rockerfeller Laws (biggest b.s. ever created IMO) ANYWAY, what I suggest is this, contact NORML, like Twig suggested, also FAMM (Family's Against Mandatory Minimums), because your friend's nephew depending on his legal help, may just end up in jail for 10 years, I'm NOT KIDDING. My friend who is finishing up, was a FIRST TIME NON-VIOLENT OFFENDER. Sent away for 10 years (served 7, getting off for being a good boy & going to the drug program). These things happen all the time. Child molestors, murderers, & rapists sometimes, get lesser sentenances than a first time drug offender (note: I SAID SOMETIMES....)

There is also another organization called November Coallition, but they mainly deal with the families and helping the prisoners out once they've been convicted, but you may find some resources there as well (check out the Wall and click on Spencer Adams. That's my buddy, but not me in the pics.)
There website is: November Coalliton (http://www.november.org)

I wish your friend best of luck. I hope he doesn't get too harsh a sentance.

[Danustouch]

A friend of mine about five years ago, in CT was arrested for possessing less than a dime bag of pot. He was only given a written arrest, and required to do 40 hours of community service, and some probation.

But I'm not sure what the laws are in California, or how much your friend had on him.

[Sequoia]

well, he isn't in california. . . . he's in the sort of southeast (I can't remember exactly what state).

I belive what the biggest problem was, was that someone came up to him asking for a joint, he had an extra and the guy was gonna buy it off him. Guess who that guy just happened to be? A cop. :rolleyes: You don't see them doing that over cigarettes. . . but it's not really a thread about that *sweat drop*

at any rate, I'm just trying to find an article, or a study, something credible that could be pointed to and say "this shows that in most cases, it is better for a person to go into drug rehab than to go to jail."

[Phoenix Blue]

:rolleyes: Okay--lesson number 1, boys and girls: if you're in the posession of an illegal drug, don't give it to a stranger!

[Myst]

Originally posted by Puma Hime
You don't see them doing that over cigarettes. . . but it's not really a thread about that *sweat drop*

Actually they do do that here with cigarettes, but they send teens in to try to buy them since that's illegal.

Err sorry I won't be off topic anymore :)

[*~*Chary*~*]

only problem is, Puma, that he will be charged for Pushing the drug AS WELL AS being in possession AND illegal use of banned substances.

Illegal user and possession is a rehab offence but

Pushing the drug is not considered rehab ... it is a matter for Prison i am afraid. However you ight be able to lessen the sentence if he is convicted

[MammaStar]

Originally posted by *~*Chary*~*
Pushing the drug is not considered rehab ... it is a matter for Prison i am afraid. However you ight be able to lessen the sentence if he is convicted

HA!!!

sorry to sound rude, BUT the reality is, the drug laws in this country suck. First time NON-VIOLENT offenders get 10 years automatically. Which, I'm afraid Puma, since this kid offered to sell, he may just get.

I know, I'm cynical. I try to be "little Ms. Sunshine" :sunny: but not when it comes to this, as my previous post explained why I feel the way I do.

[*~*Chary*~*]

HEH!

Your not being rude hun lmao

Truth be told i don't know very much on your drug laws ... just what i can read ... but as far as i am aware ... pushing drugs is a prison sentence in nearly every country ... sometimes even death

sorry to be cynical but its the truth

[MistOfTheSea86]

Originally posted by *~*Chary*~*
HEH!

Your not being rude hun lmao

Truth be told i don't know very much on your drug laws ... just what i can read ... but as far as i am aware ... pushing drugs is a prison sentence in nearly every country ... sometimes even death

sorry to be cynical but its the truth

But isn't their leniancy shown for a first offense?

[*~*Chary*~*]

to be perfectly honest and blunt

Nope not usually

[Semele]

Originally posted by MistOfTheSea86


But isn't their leniancy shown for a first offense?

Only if it is murder and they can put some BS Psycho-babble name behind the reasoning.

[Phoenix Blue]

Quoth Twig:
A lousy freakin joint! Please tell your friend that I'm sparking a bowl of mananuchie mind f*** to the Gods & in their honor for, I thought that kind of crap went out with the 70s.
Offering to sell a controlled substance to a complete stranger is about as intelligent as bragging about ingesting a controlled substance over the internet. Either way, the legal consequences are on the person who decided to engage in an action before his brain was fully in gear.

Incidentally, knowing one "cop" doesn't give license to call them all "pigs"; Melysande's father works for the police where she lives, for instance. Try to show police officers a little respect.

[Twig]

post deleted

[Twig]

For making up my mind. I've been getting on a lot of peoples nerves lately. Please show this to Mol.

Goodbye MWs I love you All.

I leave you in Peace.

Rev. R. Twig Jones
The Druid of Peace

[*~*Chary*~*]

Twig .. knowing of what you speak

all i can do is wish you peace and happiness
and i hope you will stay with us

Chary xx

[Phoenix Blue]

:eek:

Twig, you weren't getting on my nerves. . . I wouldn't stop ya if you really wanted to go, but don't leave on my account. . ?

[qtipp]

A friend of mine about five years ago, in CT was arrested for possessing less than a dime bag of pot. He was only given a written arrest, and required to do 40 hours of community service, and some probation.

But I'm not sure what the laws are in California, or how much your friend had on him.
Can't help but notice a number of questions and comments about California's Prop. 36. A good idea, but with the types of rehab programs that are in existence in California, jail time could be a brighter option in court. Some programs require that a prospective member sign a "contract" relinquishing all things of monetary value to the program, if that person doesn't successfully complete that program. This includes wages from any employment that person might find, after leaving. People accused of opiate-involved instances are considered to have low potential for rehabilitation. This type of person would be one subject to the special "poverty" clause, making what might have been a reasonably short jail stay and probation period a lifelong sentence of suffering. Those old Synanon stories are unfortunately true. Really look at a program before entering it, don't act rashly. Your lawyer can get postponements or whatever, but don't step blindly into lifelong misery. I mean, that's what the DA says you're getting out of, right?

[Kalika]

Couldn't they plea bargain, especially if this is a first offense? Possession is a big deal, but if they volunteer for community service, random drug testing, etc..... maybe?

[Kalika]

And WOW, this is an old thread.

[Sequoia]

LOL this *is* an old thread! I saw it in my cp, and was like "wtf, people are responding to it?"

[WandererInGray]

Klatu, Nictu, Bratu......something.

:lol: