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Discussion => Philosophy, Economics and Justice => Topic started by: Hamb999 on November 14, 2012, 10:46 pm

Title: LE found a heroin spoon during traffic stop - what will happen?
Post by: Hamb999 on November 14, 2012, 10:46 pm
OK, my bro-in-law has been in and out of rehab for heroin.

Last month, he was pulled over for a lane violation.  He consented to a vehicle search and says they found an old spoon that he didn't know was there (he says he hasn't used in 2 years, but I have seen the empty suboxone packets...).  They wrote him a ticket for the lane violation and then he received a summons for drug paraphernalia.

He went to an attorney last night that my wife paid for.  After the attorney meeting, he called and said he is being charged with a 5th degree felony and could see jail time.  This is his first offense - or so he says.  (Caveat:  The stories always change and it's hard to get a straight answer.  We have not seen the summons and don't live near him).  According to the law (what I can find online) paraphernalia is a misdemeanor, so what gives?  Is it because it was in a moving vehicle?  Or is my bro full of shit?

I have heard of Drug Courts that divert abusers and addicts.  This is what he needs - help, not punishment (Ok, punishment too, but jail seems drastic).  But according to the Bar, they get people into drug court within 2 weeks of the offense and it's been longer than that.  My research also revealed that he will lose his drivers license for at least 6 months.

Here are some other pertinent details:
1.  He is unemployed (unemployable is more like it) and has been since his discharge from the military (medical reasons - injury) in 2000.
2.  He is homeless - he lives with his parent and friends and has for about 6 months - since he started using again, me thinks.
3. He is officially disabled.  He either has Crohn's, Hepatitis or AIDS.  He says the VA won't help him, but they did declare him disabled.  Ask him and he will dance for 30 minutes and never answer the question.  I think it's all the smack....

I give some of these details because the Judge will consider them.  My hope is that he will be ordered to probation, drug counseling, community service and 3 years of random urine tests.   I hope this because he is going to die otherwise.  It is obvious.  His whole family is in denial and things he has Lupus!!!  He has them all fooled.

So, what is likely to happen to him?  Anyone have any insight?

Thank you for the advice and letting me vent.  I love him, but GOOD GOD is he exhausting!!!  Any advice is much appreciated.

Thanks,
Hamby
Title: Re: LE found a heroin spoon during traffic stop - what will happen?
Post by: ZenAndTheArt on November 14, 2012, 11:19 pm
Code: [Select]
According to Ohio Law (what I can find online) paraphernalia is a misdemeanor, so what gives?
Maybe there was trace amounts of Heroin left on the spoon? Are trace amounts still considered a possession crime in Ohio Law?

Being an addict myself, it sounds like your brother-in-law is pure bullshitting everyone including himself. It's sad to say, but it's time for the 'tough love' approach. The family needs to distance themselves both physically and emotionally from him, and then prepare for the worst. His only way out is to help himself, and the support of the family maybe stopping him from doing this. Only extend help in the form of helping him stop drugs (he's still taking them from the sounds of it), this means practical help getting to support meetings or rehab, absolutely no financial help and minimal emotional support (can be a crutch to addicts). I personally don't believe in interventions, only the addict can decide to stop, otherwise it's counterproductive and will lead to resentment on both sides.

Good luck, but you have to prepare in the event that this doesn't end happily. :-\
Title: Re: LE found a heroin spoon during traffic stop - what will happen?
Post by: Hamb999 on November 15, 2012, 02:17 pm
Thanks Zen.

I have heard this before.  I appreciate your honesty and will begin mental preparations.  Deep down, my wife knows this needs to happen too. 

He is literally throwing his life away - or has.  He is bright and charismatic and a skilled home contractor and a hard worker when sober.  I know he wants a girl friend and always saw himself with a wife and kids.  I don't think he ever saw himself as a homeless person - but that is now acceptable to him.  So much potential.  So sad.
Title: Re: LE found a heroin spoon during traffic stop - what will happen?
Post by: daveh0we on November 15, 2012, 02:52 pm
You tell him to tell his lawyer that he is taking the case to trial and he will not accept any felony BS.   I just got a felony dropped.  I had to pay 2400 in fines for the two misdemeanors   (Bath Salts, Hallucinogenic Mushrooms).   But I did not receive aggravated trafficking in a school zone.

As for the tough love thing.   Heroin isnt so bad.  Who fucking cares if he likes some Horse.   A girlfriend children, a job.   Man All those things are someone elses dream.     

My family tried that shit with me over this current court case.  I told em to get fucked extra and I still dont visit them.   I moved out of the school zone and I have been putting in that work to get my fines back.   

Oh and I sold and smoked the whole time I was on bail.

Title: Re: LE found a heroin spoon during traffic stop - what will happen?
Post by: Hamb999 on November 15, 2012, 03:30 pm
Thanks for the info.  I appreciate the insight.

As for the tough love thing.   Heroin isnt so bad.  Who fucking cares if he likes some Horse.   A girlfriend children, a job.   Man All those things are someone elses dream.     

Maybe I didn't make it clear.  My brother-in-law has TOLD me that this was his dream.  He still wants a wife/girlfriend, but now thinks he is too old and too damaged for kids.  He also wants his own place - a condo.  He still has goals and at least some hope.

Heroin may not be bad for you or others who can still keep it together.  He can't.  He is homeless.  He is unemployed.  He is dying.  He has sores on his skin.  He steals from the people he loves.  He is deeply unhappy.  I am not projecting my dreams on him (well, maybe he doesn't want to work - I'll give you that one). 

My goal/job is to protect my family.  So, yes, I will judge him and I have every right to do so.  I am not scared for our physical well-being, but can you say he is not a threat to our family?  I see a very desperate man with nothing to lose.  Therefore, I'm not sure I want him to get off.  As I said before, I would like to see him receive court-ordered drug tests with jail hanging over his head.
Title: Re: LE found a heroin spoon during traffic stop - what will happen?
Post by: CoolGrey on November 15, 2012, 10:27 pm
I cannot tell you how this situation is going to end, nor what you should do, but I can tell you exactly what caused it.
He consented to a vehicle search
Don't. Ever.
Title: Re: LE found a heroin spoon during traffic stop - what will happen?
Post by: Hamb999 on December 04, 2012, 03:38 pm
Follow up for those interested:

Bro had his court date.  His attorney pleaded down to a misdemeanor in exchange for 18 months of probation, which included 3 AA meeting per week and a piss test every Friday.  My bro was upset with this.  So, he got a continuance (?) to a Veterans Court (I think he means drug court) and he is hopeful that he will get less probation.  I think he should be happy he didn't get jail.  He thinks he is the victim in this and that he was treated unfairly by the cops, the court and his attorney.  I just want to throttle him - can't do the time, don't do the crime.

I'll update as I get more info.
Title: Re: LE found a heroin spoon during traffic stop - what will happen?
Post by: Hamb999 on December 11, 2012, 03:19 pm
Another update:

Bro ended up getting 2 years probation (should have taken the deal for 18months).  I don't know if he still has to attend 3 AA meetings per week or submit to a drug test, but I think yes or I would have heard.  I hope he was ordered to get a job too.  He has not been communicating with my wife since his sentencing, so I can't be sure.  Considering he was using suboxone and xanax from the street, I'm not sure what he will do.  Clean up, I hope.

I love drugs.  I love SR.  My bro let his drug use eclipse everything else in life.  Then, he didn't protect himself and found himself in a position where he is homeless (his roommates kicked him out for not paying rent, then he left ALL his belongings behind).  All he has is his car (purchased and paid for by a family member).  As such, he uses drugs in his car.  He got caught in an area known for drugs and then allowed the cops to search his vehicle.  Now, he has nothing and will have to live by the governments rules.  Including no drugs.

This is such a sad story.  This guy was once an Army Ranger and Paratrooper.  Now, he doesn't care about anything, least of all himself.
Title: Re: LE found a heroin spoon during traffic stop - what will happen?
Post by: Dkn255hz on December 15, 2012, 08:54 pm
Wow, did I read that right?  2 years probation for a spoon?  I know it is too late now but I agree with what daveh0we said about telling his lawyer to take it to trial.  Hopefully there ends up being a bright side to this story?  Maybe the probation will help him get this life back together? 
Title: Re: LE found a heroin spoon during traffic stop - what will happen?
Post by: grdr on December 15, 2012, 09:41 pm
jail time ? for a .... SPOON ? Only in America thats all I have to say.
Title: Re: LE found a heroin spoon during traffic stop - what will happen?
Post by: TreeSpirit on December 15, 2012, 10:21 pm
Just wanted to give you + 1, because I know it is so hard to see a loved one making life choices that only bringing them further away from their dreams.

Take care of yourself and follow your own dreams, Hamb.
Title: Re: LE found a heroin spoon during traffic stop - what will happen?
Post by: wretched on December 15, 2012, 10:37 pm
I hate to be that guy, but you probably shouldn't post details like this on here. Now it is known that your brother in law has been involved in this rather specific incident in Ohio. I doubt there were very many traffic stops for lane violations that ended in a heroin spoon being found in the Army vet's car that were tried on that Thursday in that state. This puts you in a smaller pool than a vague description might have. While I admire you wanting advice for HIS situation, YOUR safety should always come first.
Title: Re: LE found a heroin spoon during traffic stop - what will happen?
Post by: Hamb999 on December 18, 2012, 02:51 pm
Thank you Tree Spirit and Wretched and everyone. 

In my frustration, I did post without regard for anonymity.  I appreciate you pointing this out, Wretched.

This has been coming to a head for at least 10 years.  As an in-law, I can see the abuse of the kindness he is shown (manipulation and lying) and I can see the enabling and head-in-the-sand mentality of his family members.  It's the elephant in the living room. 

His parents were burglarized a few weeks back, and I can't help but think that he was involved.  And that we are next.  He probably wasn't involved, but when you are desperate, you do desperate things.  Or he owed $$ to someone.  I KNOW he has stolen some small things from our house and the stuff stolen from his parents was very well hidden - and that's all they took.  Seemed like an inside job.  The red flags are everywhere.

Anyway, I appreciate the support and for letting me vent.  My wife took care of her brother all through his life, so I have difficulty talking with her about him.  My bro has not been around, but according to my wife, the court (his Parole Officer?) has already referred him to mental health services.  I think this is exactly what he needs - treatment not punishment.  (I may have to rethink some of my prejudices of the criminal justice system). 

Merry Christmas and thank you all!!


PS.  There was heroin on the spoon, so he was charged with a misdemeanor paraphernalia and 5th degree felony possession.

Title: Re: LE found a heroin spoon during traffic stop - what will happen?
Post by: Meatgrinder on December 18, 2012, 04:05 pm
Wow, such a sad story. Good to hear through all the bad he still has some hope and dreams..

In all honesty though, I'm glad to be Australian in regards to the laws we have here!
Title: Re: LE found a heroin spoon during traffic stop - what will happen?
Post by: paxous on December 31, 2012, 06:14 pm
You should have MUCH more carefull with that aparatus..