First of all, my boyfriend has only had a DUI at age 18 which I don’t think went on his permenant record. He is now 33. He became a heroin addict and is being charged (I think) w/ stealing 2 checks from his former employer and cashing them. The amount totaled around $750. He was charged with 2 Class C Felonies. A year later, he stole some merchandise item from another employer. I believe it was valued around $250. This was a Class D Felony. This is the letter from the prosecuting attorney to his lawyer:
Dear Mr. ________,
In an attempt to resolve the above referenced matter, I can propose the following plea offer. The defendant would plead guilty to as charged to Count 1, Forgery, as a Class C Felony. He would be sentenced to (8) years in the IN Dept. of Corrections. Two (2) years of said sentence would be suspended and the defendant (MY BOYFRIEND) would be placed on probation for (2) years. The defendant willl be ordered to pay court costs and restitution to the victims in both counts under Cause Numbers____ and restitution to victim anunder cause number_________. The defendant may petition the court to modify his sentence to work release or GPS after serving 1/2 of the executed sentence. Upon sentencing, Count II in, Cause Cause No. __________ and Cause No._________ shall be dismissed.
PLEASE DISCUSS THIS MATTER WITH YOURR CLIENT AND ADVISE AT YOUR EARLIEST POSSIBLE OPPORTUNITY.
My boyfriend obviously would have never done any of this had it not been for heroin. I am NOT saying he doesn’t deserve time (HE DOES) but this seems very harsh for someone who never had a record until recently.
He already has done 2 1/2 months in jail (where he is now) and was on tether for 3 months after the first arrest as a condition of his bond. He does not have any money and cannot afford the best lawyer. Nor can his lawyer suggest a rehab because my bf doesn’t have the money for rehab. I believe he deserves a year in JAIL but no time in prison.
My main question is what is he really looking at here????
THANKS!
#1 by Libraryanna on July 10, 2010 - 8:07 pm
He should ask his attorney. Don’t excuse his acts because he’s on heroin, that’s a fools move. The letter is pretty clear he would serve six years, plus have a bunch of money to pay. I’m not sure why you are questioning that. If he can get a job, he might get work release after three years. What that means depends on where he is. Sometimes is means an anklet, going home at night, sometimes it’s nights in jail and days at the job. Sometimes they live in a halfway house.
You should go for counseling to figure out why you would stay with someone who has so many problems and has no future with you. End it with him and find a decent guy who is not a thief. Realize that drugs will probably always be his first love and you will be well behind all of the things he will do to get drugs. Plus, he will steal from you as well.
#2 by Prison officer on July 10, 2010 - 8:21 pm
At least 3 years. Depends on the jurisdiction. Florida, Texas and California are hard on crime.
#3 by James on July 10, 2010 - 8:37 pm
Assuming he does everything he’s supposed to, the minimum he would see here would be 4 years in prison, 2 years on work release, and 2 more years on probation.
#4 by Nysage on July 10, 2010 - 9:19 pm
First I apologize,for I am not a lawyer.what your looking at is an offer to plead and recieve a 6 year prison term.After 1/2 of the term is served you may petition for work release.
In my opinion this does seem harsh for crimes totalling around $1000.but prisons are full with inmates for even less.I would suggest obtaining counsel anyway you can,good luck!!
#5 by Dorothy H on July 10, 2010 - 9:29 pm
He’s looking at more jail time. Look, he needs a lawyer and it’s going to cost money. You’ve got two options, come up with the money for a lawyer or do the time. If he gets out and works he can pay off the lawyer. If he stays in jail or does more time what’s that going to do for him?
There are free and sliding scale substance abuse programs that he can get into in every state.
I know you think this is harsh but the prosecutor and the judge and the people he stole from think even less of his actions.