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Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

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EatingMyVeggies

Member since 1/12

6667 total posts

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Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

Don't quote please

Family member. Addicted. Will end up dead if something doesn't change ASAP. Lost other family member to drugs other month - don't want a repeat.

He's in and out of court for various things. Possession of meds, driving without insurance.. Etc.

Most recent issue is fleeing from police and drug possession again

Won't go to rehab.

Court date set for sometime soon.

We at all at our wits end. Scared.

Can one of us write letter to judge asking for court ordered rehab? If that's allowed, how do you go about it?

Physically sick over this. It's like watching someone die for no reason. I wish this on no one. It's awful.

Any ideas it insight will mean the world

Thank you

Posted 1/28/14 12:58 PM
 
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Blazesyth
*yawn*

Member since 5/05

8129 total posts

Name:

Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

Someone in my family wen thru this. I think you could write a letter, but my family member went to the hearing and 'testified' that they would like the harshest sentence for that person, including rehab.


Posted 1/28/14 1:12 PM
 

adeline27
LIF Adult

Member since 5/06

3121 total posts

Name:
Angela

Re: Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

I applaud you for seeking advice and wanting to do something. Since he is a danger to himself and others can't he be involuntarily committed at a psychiatric facility and be evaluated for possible conditions such as bipolar etc..& I'm asking this question to others that read this and work in this type of area...we know someone currently in a psychiatric hospital getting treatment and how he got there was because of his psychotic severe bipolar , threats to himself and others,drug addiction too i believe he got there involuntary was evaluated at hospital and has a treatment plan. Do you think this person may have any mental issues?? Also I did this a long time ago with a friend who needed help I picked him up when he was totally out of his mind went to the hospital and had him admitted he was on their psychiatric floor and they kept him until he detoxed and was evaluated for sanity. It helped him. I would absolutely write the letter to the judge about the danger and that he should be forced into some kind of treatment facility. I hope you get some more concrete advice on here it is difficult when they don't agree to get help.

Posted 1/28/14 1:17 PM
 

EatingMyVeggies

Member since 1/12

6667 total posts

Name:

Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

I never thought of that. What came of it? Did it work?
I don't give a shit about waking on egg shells anymore if it means saving a life.

How do judges usually respond to this?

Posted 1/28/14 1:17 PM
 

HoneyBadger
YourWorstNightmare.

Member since 10/06

15979 total posts

Name:
BahBahBlackJeep

Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

He can be involuntarily committed if you can prove he's a danger to himself but that's really just a temorary solution to the problem. I worked with a woman who committed her 21 yr old son because on multiple occasions he threatened to kill himself. The guy had a lot of problems and yet after a week he was out.

Unfortunately, the reality is unless your family member wants to get help, he can do what he wants and doesn't have to get help. He has to hit bottom and apparently he's not there yet in spite of everything he's been through.

I'm sorry. This is a crappy thing to have to deal with, I've been there and it's horrible. Thankfully, in my situation a short stay in jail, five days, did it and he got help and is in recovery but believe me it's no picnic.

Posted 1/28/14 1:24 PM
 

EatingMyVeggies

Member since 1/12

6667 total posts

Name:

Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

No mental issues. I'm not a professional - but I don't see it that way. Started out with weed .. Now prescriptions. Finds subutex (sp) illegally to try to get off drugs but won't do rehab.

His home went into foreclosure. Is homeless basically and asks everyone for money. No one is enabling him anymore for the most part. Manipulative like all addicts / says he has no money for food and is hungry - but doesn't want groceries. Wants the money. Typical addict behavior. Hasn't had a job in years. So ******* frustrating.

Everyone scared to take him in - not even sure he would. Scared because I want him ok, and so does everyone .. But he isn't helping himself or want to get straight.

This sounds awful but when I hear of robberies at banks, half the time I'm scouring the papers to see if it fits his description.

This is just awful. And it's sad because the other family member who passed away last month - he had went to rehab- got out - got a good job to start his life over with - and ended up dead a month later.

I can't express enough how much I hate drugs and how much I feel for those who have seen a loved one unravel.

Posted 1/28/14 1:25 PM
 

jams92

Member since 1/12

6105 total posts

Name:

Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

can you speak to his lawyer to see what they suggest?
im surprised he hasnt had any jail time yet - unfortunately that is what it took for my family member to turn his life around. he was stealing to support his habit, and got arrested for possession and had to spend over a month in jail. he is still dealing wtih court dates and trying to determine if he will see more jail time or not, but the month in jail was enough to get his act together.

its not an easy thing to deal with and i am sorry you are going through it

Posted 1/28/14 1:27 PM
 

EatingMyVeggies

Member since 1/12

6667 total posts

Name:

Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

I know people say he has to hit rock bottom but what if that means death? You know?

I get mad too because he's been in and out of court for awhile now and I don't know why they don't just lock him up. If you see someone had a record that's a mile long, why is he allowed free? At least you can detox in jail. I don't get that part of the legal system but maybe I'm being ignorant.

Posted 1/28/14 1:28 PM
 

jessnbrian
Only God knows His plan for us

Member since 4/13

7238 total posts

Name:
Jessica

Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

It's VERY hard to get someone admitted to a psych unit - my uncle is bipolar - like a 15 on a scale of 1-10... he had a really bad manic phase for the last year and a half to 2 years, and his son brought him to the Psych ER of NUMC (his ADULT son), and they could only keep him for a certain amount of time before he had to be allowed to check himself out... and at that point he just spiraled even worse. It's very unfortunate, and I'm sure that many drug addicts are in fact patients with mental illnesses that are trying to "self-medicate" (which I've seen so very often), but there is VERY little that non-immediate family members can do.

Posted 1/28/14 1:29 PM
 

EatingMyVeggies

Member since 1/12

6667 total posts

Name:

Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

I believe he's pro se. I'm going to try to find out details and who to write too.

To me.. He shouldn't be free. He's a danger to others on road even. I may sound heartless but I don't want him dead OR harming an innocent person.

Latest charge other day is fleeing from police and possession. I pray this is it and he goes to jail.

Posted 1/28/14 1:30 PM
 

jessnbrian
Only God knows His plan for us

Member since 4/13

7238 total posts

Name:
Jessica

Re: Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

Posted by EatingMyVeggies

I know people say he has to hit rock bottom but what if that means death? You know?

I get mad too because he's been in and out of court for awhile now and I don't know why they don't just lock him up. If you see someone had a record that's a mile long, why is he allowed free? At least you can detox in jail. I don't get that part of the legal system but maybe I'm being ignorant.



You have to get to a point where you realize that you have done all that you can - there is NOTHING that you can do to force someone to (a) take their medications (b) go through rehab (c) stay clean. When my uncle is in a manic phase I am constantly terrified of getting that call that he was found dead (half the time because he becomes homeless during the manic phases, and he's extremely belligerent especially with police). It's so hard to watch and it breaks my heart to no end, but I know that there is NOTHING that I can do to force him to take his medications to remain himself.

Posted 1/28/14 1:32 PM
 

HoneyBadger
YourWorstNightmare.

Member since 10/06

15979 total posts

Name:
BahBahBlackJeep

Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

If there isn't any history of mental health issues then they're only going to put him on 24 hour hold which is basically useless.

As for taking the suboxone that's some serious shit, and when it's taken you need to be monitored closely by a physician. In my case the person I know didn't go that route because the addiction rate to that drug is just as high as the drugs themselves so he's been clean without them. Bare in mind he's done out patient treatment as well as two 12-step programs (he's dually addicted) and it's STILL not easy.

Do not give money (though I'm sure you know that) and as cruel as this sounds, don't take him in because that's definitely a form of enabling. He needs to hit rock bottom and if being homeless and broke is what it will take, then so be it.

Posted 1/28/14 1:32 PM
 

jessnbrian
Only God knows His plan for us

Member since 4/13

7238 total posts

Name:
Jessica

Re: Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

Posted by EatingMyVeggies

I believe he's pro se. I'm going to try to find out details and who to write too.

To me.. He shouldn't be free. He's a danger to others on road even. I may sound heartless but I don't want him dead OR harming an innocent person.

Latest charge other day is fleeing from police and possession. I pray this is it and he goes to jail.



Jail will likely be the best place for him at this point.

Posted 1/28/14 1:33 PM
 

EatingMyVeggies

Member since 1/12

6667 total posts

Name:

Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

I thank you all for your responses.

He's never had a mental health history that deemed anything unusual. If he did, I'd be less mad. I'm mad because just get your shit together. Come on. I've tried to have come to Jesus talks with him. Doesn't work. He's not even him anymore. He's his addiction.

Posted 1/28/14 1:33 PM
 

jessnbrian
Only God knows His plan for us

Member since 4/13

7238 total posts

Name:
Jessica

Re: Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

Posted by EatingMyVeggies

I thank you all for your responses.

He's never had a mental health history that deemed anything unusual. If he did, I'd be less mad. I'm mad because just get your shit together. Come on. I've tried to have come to Jesus talks with him. Doesn't work. He's not even him anymore. He's his addiction.



Drug addiction and alcoholism ARE mental illnesses, and one of the reasons we have such a bad problem of them here is because they are not treated as such. At some point you have to allow yourself to accept that you've done all you can and it's in his hands now. I completely agree with the PP not to give him $$ or take him in... if that means homelessness than that is the case.

Message edited 1/28/2014 1:36:11 PM.

Posted 1/28/14 1:35 PM
 

EatingMyVeggies

Member since 1/12

6667 total posts

Name:

Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

^ I hear you. I don't know what to think at this point

I'll be drafting a letter today and finding out what I can do as far as the legal aspects.

Just so tired of this.

Posted 1/28/14 1:37 PM
 

EatingMyVeggies

Member since 1/12

6667 total posts

Name:

Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

^ I hear you. I don't know what to think at this point

I'll be drafting a letter today and finding out what I can do as far as the legal aspects.

Just so tired of this.

Posted 1/28/14 1:37 PM
 

RubyWoo
Complete.

Member since 1/11

1357 total posts

Name:

Re: Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

Try to find out who the ADA is who is handling his case. I'm not sure if they will speak to you or not (they may not be able to ethically) but maybe they can give you some guidance, or at least suggest rehab to the Judge as opposed to a jail sentence.

Sorry you are going through this. It's an awful situation, but good of you to be looking out for his best interest.

Posted 1/28/14 1:40 PM
 

jessnbrian
Only God knows His plan for us

Member since 4/13

7238 total posts

Name:
Jessica

Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

It's exhausting - my family has seen and heard it all - we bought him a car for his 50th birthday, then he gets into one of the worst manic phases of his life - drinks drugs goes homeless etc.... And less than 8 months later pawns the car.

Posted 1/28/14 1:40 PM
 

jessnbrian
Only God knows His plan for us

Member since 4/13

7238 total posts

Name:
Jessica

Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

DEFINITELY CHECK OUT AL-ANON!!!!! It's for families of drug and alcohol addicts (my father is also recovering alcoholic) it's so helpful!!!

Posted 1/28/14 1:41 PM
 

HoneyBadger
YourWorstNightmare.

Member since 10/06

15979 total posts

Name:
BahBahBlackJeep

Re: Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

Posted by jessnbrian

DEFINITELY CHECK OUT AL-ANON!!!!! It's for families of drug and alcohol addicts (my father is also recovering alcoholic) it's so helpful!!!



I agree or Nar-Anon which deals solely with those whose lives have been affected by someone with a drug addiction

Posted 1/28/14 1:46 PM
 

jessnbrian
Only God knows His plan for us

Member since 4/13

7238 total posts

Name:
Jessica

Re: Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

Posted by HoneyBadger

Posted by jessnbrian

DEFINITELY CHECK OUT AL-ANON!!!!! It's for families of drug and alcohol addicts (my father is also recovering alcoholic) it's so helpful!!!



I agree or Nar-Anon which deals solely with those whose lives have been affected by someone with a drug addiction



It's been a life-savor for me, my brother and my BFF (her father is alcoholic as well). You learn so much about why you do the things you do there and how to let go of trying to "fix" everything.

Posted 1/28/14 1:47 PM
 

mrsboss
my little love

Member since 12/09

5054 total posts

Name:
Me

Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

Sorry you're dealing with this. Here in FL, they have the Marchman Act, or Baker Act, but I believe it's a statute only in this state.
Unfortunately I don't believe there is any laws like this in NY. I assume he's in NY, right?

Posted 1/28/14 2:32 PM
 

Leb
LIF Adult

Member since 12/09

4166 total posts

Name:

Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

What I know about this is that you can try to plead your case and request rehab, like he is forced to go to rehab or jail. But jails are over crowded and he will likely be released. From what you described he will probably not face jail time for a non violent crime. It's a shame and ridiculous but they're over crowded.

Even if he is forced to do 18 days when he gets out he can chose to go back to drugs. If he is forced to an out patient program he can continue to use and to attend classes and just test positive. The rehab reports back to the judge and it's slow moving. There are little consequences.

It is also extremely hard to commit someone. Basically you have to prove an attempt. Not the threat to harm yourself but an actual attempt was made.

Drug addiction is a horrible wicked disease that robs a person of everything and there are two choices. To get better or death. It is a progressive disease which I learned means if he gets clean for 6mos and starts again he will start back at his worst point. Also over dose deaths are usually when a person has spent time sober. Like after rehab, they take the same amount they are used to and overdose.

Also suboxone is the same as pain killers in my mine. It is an addictive drug that messes with your mind and you will have to eventually be weened off of that too. It has a street value.

I learned he will not get sober until he chooses to. 28 day rehab is nothing. A brand new beautiful country club rehab vs state rehab vs AA vs NA, nothing matter and nothing works until HE is ready.

The best you can do to help him is to help your self. Join al-anon online forum, or better yet attend a meeting. It will equip you with the tools to deal. I am so sorry for you and for your loved one. I am sure he is a very unhappy person and is miserable too.

Posted 1/28/14 2:44 PM
 

Rosie4
LIF Adolescent

Member since 2/12

643 total posts

Name:

Re: Addicts and legal trouble - is this possible ? Could use legal expert opinions or personal experiences

Posted by mrsboss

Sorry you're dealing with this. Here in FL, they have the Marchman Act, or Baker Act, but I believe it's a statute only in this state.
Unfortunately I don't believe there is any laws like this in NY. I assume he's in NY, right?



This is what I was going to say. Florida has the Marchman Act which is wonderful, as we had to use it for a family member. They get picked up by sheriffs and have to go to rehab or they go to jail. There is nothing like that in NY, unfortunately.

Posted 1/28/14 3:52 PM
 
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