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Need Help: drug charges/sentencing/drug court

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#1 Aightball

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Posted 29 May 2013 - 05:31 PM

Doing a WIP and as usual, immersing myself in research as I go. But I've hit a slight stumbling block: I have a character who has been arrested for drugs before but either plea dealed to get his "friends" arrested and so went free or only had misdemeanor charges. He's probably only been charged with a felony as far as drugs once and he did time for that. He's been going to college when sober (been in rehab three times), holding a job, etc.

 

So, here's my thing: my research brought up drug courts. When he's found this time, it's another OD...so he's in ICU. My question is: can he still be arrested? He had drugs/alcohol in his blood stream and had LSD tabs, cocaine, and weed on him when he arrived in the ER. Or, can he go to drug court since he's a repeat offender? Will they send him to in-house rehab? What do I need to know here?


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#2 Lanette Kauten

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Posted 29 May 2013 - 07:11 PM

Was he arrested the last time and then brought to the ICU? Who found him?



#3 Aightball

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Posted 29 May 2013 - 07:45 PM

The last time he was arrested but plea dealed out. This time, he was not arrested and was found by someone at a party who called 911. He was then airlifted straight to the ER. As of now, he's not arrested, so trying to figure out if he can be and what the next steps are from there.


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#4 Andrew Nelson

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Posted 30 May 2013 - 09:47 AM

Long story short, yes he can be arrested. Although if the OD was the only charge, it would probably only amount to a parole / probation violation.

 

If he is in ICU they may choose not to guard him if it is not associated with a serious crime. The hospital would notify the arresting agency when he is well enough and they could either do a bedside arraignment or just issue a notice to appear. Repeat offenses don't disqualify you for drug court, in fact they are the favorite of drug court.

 

I said this with the proviso that every jurisdiction can be different. But yes, the above can, and certainly does apply, in the real world.


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#5 Aightball

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Posted 30 May 2013 - 10:07 AM

Long story short, yes he can be arrested. Although if the OD was the only charge, it would probably only amount to a parole / probation violation.

 

If he is in ICU they may choose not to guard him if it is not associated with a serious crime. The hospital would notify the arresting agency when he is well enough and they could either do a bedside arraignment or just issue a notice to appear. Repeat offenses don't disqualify you for drug court, in fact they are the favorite of drug court.

 

I said this with the proviso that every jurisdiction can be different. But yes, the above can, and certainly does apply, in the real world.

 

Can you explain a bedside arraignment? That hasn't come up in my research yet. What I'm wondering is: would this be done on video? He pleads with his attorney present and the judge then says either jail or drug court? I don't get over-the-top-have-to-be-a-lawyer detailed, but do want to be accurate =).


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Query: http://agentquerycon...-urban-fantasy/

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Synopsis:

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Short Story "Anguish", in Winter's Regret: http://www.amazon.co...winter's regret

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#6 Lanette Kauten

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Posted 30 May 2013 - 10:21 AM

I'm not in law enforcement, but I've worked as a nurse in hospitals, and I think Andrew's wrong. If the police didn't bring your MC in, I don't see why they would get involved once he's in the hospital. You'll need to look into this because I'm not entirely certain, but I don't think it's illegal to be stoned. It seems like a weird fine line between possession and having the drugs in your system, but I have a vague memory of being told this in one of my government classes. You may want to double check with the court to be sure.



#7 Brighton

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Posted 30 May 2013 - 10:49 AM

So is he still a college student and does this party happen either on campus or in a college town? Because depending on the school/ town he wouldn't be charged with anything, I know my school and many others have a policy which I'm totally blanking on the name of, which in order to encourage people actually calling 911 and getting help that may save their lives they don't press charges for underage drinking or drug use when found in response to a 911 call, if you get caught because you were being too loud and someone called the cops then you're on your own and stuck with whatever charges they find, but if it's found during response to a medical call then no charges (though the school still sends you to mandatory drug counseling I think.) They really don't want the possibility of charges to make people wait to call for help. 

 

If you search state government websites you can find the specific statues for whatever state this takes place in and find which one fits the situation, and it will vary by state, here is my state's: http://www.leg.state...=18&Chapter=084  it would really depend on how much of those LSD tabs and cocaine he had on his person when he was brought in, you can read in the statutes how much is a crime and what level of crime for various drugs. 


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#8 Aightball

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Posted 30 May 2013 - 12:01 PM

So is he still a college student and does this party happen either on campus or in a college town? Because depending on the school/ town he wouldn't be charged with anything, I know my school and many others have a policy which I'm totally blanking on the name of, which in order to encourage people actually calling 911 and getting help that may save their lives they don't press charges for underage drinking or drug use when found in response to a 911 call, if you get caught because you were being too loud and someone called the cops then you're on your own and stuck with whatever charges they find, but if it's found during response to a medical call then no charges (though the school still sends you to mandatory drug counseling I think.) They really don't want the possibility of charges to make people wait to call for help. 

 

If you search state government websites you can find the specific statues for whatever state this takes place in and find which one fits the situation, and it will vary by state, here is my state's: http://www.leg.state...=18&Chapter=084  it would really depend on how much of those LSD tabs and cocaine he had on his person when he was brought in, you can read in the statutes how much is a crime and what level of crime for various drugs. 

 

He's in school but since he's 24, he's a non-trad right now. But I am checking that website! I love research but this stuff can be hard to find information on that it's overly general. I wonder if the "in school" thing would counter-act the non-trad thing since it's a medical thing. Something to definitely research! Thank you!


Most girls are made of
sugar and spice and everything nice; they
screwed up the recipe for me: I'm made of
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Query: http://agentquerycon...-urban-fantasy/

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Synopsis:

Twitter Hook(s):

Short Story "Anguish", in Winter's Regret: http://www.amazon.co...winter's regret

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#9 Andrew Nelson

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Posted 31 May 2013 - 11:45 AM

I wasn't feeling 100% the other day when I answered that post, and probably rushed to finish it quickly. I think that I also assumed, since you were asking about him and drug court, that he was brought in by the police. My commentary was based on the belief that he had been brought in by the police, if not,  then like Lanette pointed out, I doubt anything would be done. His P/O would have to learn about it for it to move forward, if staying clean was a condition of parole / probation.

 

As I said earlier, every jurisdiction can be different. But yes, the above can, and certainly does apply, in the real world.

 

As far as a beside arraignment goes, generally they are not done on video. The judge and attorneys are present and it goes on just the way a a normal arraignment in court would go. There is a lot that goes into the decision for a bedside arraignment, so if it is just a minor thing, I doubt they would go that far. Most likely the district attorney / states attorney would just have a notice to appear be issued.

 

Once again, if the police were involved.


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#10 Aightball

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Posted 31 May 2013 - 12:22 PM

I wasn't feeling 100% the other day when I answered that post, and probably rushed to finish it quickly. I think that I also assumed, since you were asking about him and drug court, that he was brought in by the police. My commentary was based on the belief that he had been brought in by the police, if not,  then like Lanette pointed out, I doubt anything would be done. His P/O would have to learn about it for it to move forward, if staying clean was a condition of parole / probation.

 

As I said earlier, every jurisdiction can be different. But yes, the above can, and certainly does apply, in the real world.

 

As far as a beside arraignment goes, generally they are not done on video. The judge and attorneys are present and it goes on just the way a a normal arraignment in court would go. There is a lot that goes into the decision for a bedside arraignment, so if it is just a minor thing, I doubt they would go that far. Most likely the district attorney / states attorney would just have a notice to appear be issued.

 

Once again, if the police were involved.

 

Not a problem =). I've rushed answers beore, too :D.

 

No, the police weren't involved, but they will be later, of course. I thought he would be able to get out of the hospital, see a judge and off to rehab...if this is a parole violation, would that be the case? Or, he appears beore the judge and he/she said "off to rehab" and check in for a year? I'm still trying to find more information for Nebraska, the state relevant to my novel. I did find their drug statues *went crosseyed* so just need to find their drug court rules, etc.

 

Thank you for all your help so far!


Most girls are made of
sugar and spice and everything nice; they
screwed up the recipe for me: I'm made of
bat wings and broken things.

Query: http://agentquerycon...-urban-fantasy/

Blog: http://aightball.wordpress.com

Synopsis:

Twitter Hook(s):

Short Story "Anguish", in Winter's Regret: http://www.amazon.co...winter's regret

aertja.jpg


#11 Andrew Nelson

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Posted 31 May 2013 - 06:29 PM

No cops, no crime, no charges..... however, like I said if he has a P/O, then he might have violated the terms of his parole / probation.  A recommendation could certainly be for drug court. I would just do a bit more research on how things apply to Nebraska.


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#12 Aightball

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Posted 31 May 2013 - 07:59 PM

You have been VERY helpful, Andrew! I really appreciate it and now I can narrow the focus of my research and hopefully won't go crosseyed now =).


Most girls are made of
sugar and spice and everything nice; they
screwed up the recipe for me: I'm made of
bat wings and broken things.

Query: http://agentquerycon...-urban-fantasy/

Blog: http://aightball.wordpress.com

Synopsis:

Twitter Hook(s):

Short Story "Anguish", in Winter's Regret: http://www.amazon.co...winter's regret

aertja.jpg


#13 Aightball

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Posted 31 May 2013 - 08:18 PM

I'm not in law enforcement, but I've worked as a nurse in hospitals, and I think Andrew's wrong. If the police didn't bring your MC in, I don't see why they would get involved once he's in the hospital. You'll need to look into this because I'm not entirely certain, but I don't think it's illegal to be stoned. It seems like a weird fine line between possession and having the drugs in your system, but I have a vague memory of being told this in one of my government classes. You may want to double check with the court to be sure.

 

I didn't see your post until just now!

 

I'm doing some hardcore research right now into what's possible. But I think you're right (and Andrew corrected himself later on) that since the cops didn't haul him in, they won't get involved. His parole officer will, but it'll be off to rehab for him. I'm narrowing my research after the discussion here and should have some state-specific answers this weekend. *fingers crossed*


Most girls are made of
sugar and spice and everything nice; they
screwed up the recipe for me: I'm made of
bat wings and broken things.

Query: http://agentquerycon...-urban-fantasy/

Blog: http://aightball.wordpress.com

Synopsis:

Twitter Hook(s):

Short Story "Anguish", in Winter's Regret: http://www.amazon.co...winter's regret

aertja.jpg





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