Drug addiction update, lawyer? (new update as of Easter)
Long time no changes!
A not so brief update for those interested and some questions at the end.
My sibling continued to use drugs until the eventually ODd on my relative's floor and went to the hospital then to jail. They spent a week in jail and then were released with a court date.
Used drugs day out of jail.
So far they have been to court 4 or 5 times. They don't have any money for a lawyer and have told me that no public defender has ever been offered.
Had court date and judge sent them away and told them to come back with lawyer. They got a job and made over $3,000 in 10 weeks but said they were "paying bills" but could not produce a single receipt so they have no money. Not a dime.
They came back and said they had no money for a lawyer so the judge had them drug tested and they came back positive.
Judge took another drug test, and said come back clean in two weeks with a lawer or go back to jail.
So my relative is flipping out and is trying to borrow money for them to get a lawyer. Asked another relative who said not if they aren't clean so now they are pissed off at everyone. Says nobody cares about sibling and everyone wants to see them shoulder the burden of caring for sibling alone. Said that I'm not supposed to speak to the rest of my family about any of it because it isn't my place.
If anyone can tell me if they really have to buy their own lawer or if they can get a public defender if the judge finds them clean I'd appreciate it. I'm having a hard time wading through things.
Last edited by nodrugshere; Mar. 29, 2013 at 06:06 PM.
That's garbage about the lawyer. Everyone without money has the right to a public defender, and it happens to be right in the Miranda rights. The relative is just trying to scam people again to get high, and the other relative that's trying to borrow money for this is just being a fool and an enabler again. Don't give them one single penny, and don't tell anyone else to give them money either. Money given to the user or their enabler is going for drugs and nothing else.
I think that each state is different, but a central legal tenet everywhere in the U.S. is that if you don't have a lawyer, and can't afford one, a lawyer will be appointed for you. Some counties have an office of public defenders. Some counties pay lawyers in private practice to handle public defender cases for a set fee.
It has nothing to do with being clean or not. Even an obviously stoned defendant has the right to a defense. It may be that your relative heard through the grape vine in jail that he would need a private attorney, because the public defenders "don't care, get paid regardless, aren't as good as a private lawyer". Jailhouse wisdom at it's finest. So he is holding out for one of you to step up and pay for a private attorney? After all, what better way to show how much you care, right?
If drug court is an option, that would be the best thing. I have seen in work miracles here.
He has the right to a court appointed attorney, if he is in danger of going to jail and is indigent. When he goes back to court, he needs to request appointed counsel. I think a lawyer is the least of his worries. He needs effective treatment. There are good evidence based therapies for addiction now. Without help, he may die. I don't mean to scare you, but drugs are nothing to play around with.
Yes they have the right to a court appointed attorney. If the Judge is denying them a court appointed attorney then they should turn the judge in.
One way to find out if they are lying is usually cases like theese are public record ask the court for the transcript of the prior court dates. Thus you will find out if they are pulling the wool over your eyes. Wich evidentally is the case.
An addict will say and or do anything to get money to feed their habit. In order for them to get help they have to want it themself wether it is court appointed rehab or not. It won't work unless they want to stay clean.
I've been waiting for a off topic day so I can share a bit, I have an update.
My sibling has lost at least 3 jobs since my last update and continued to spend time with his many friends on the music and party circuit.
He was on probation and was just a few weeks away from getting off probation, he thought that if he used just after a pee test then he could beat the system and be clean. He ended up violating his probation by missing several counseling appointments and a meeting with his probation officer and failing a pee test. He was due back in court last Thursday.
Almost two weeks ago my sibling (my brother) OD'd on heroin in my mother's house overnight and died. My mother blames herself for not keeping a close enough watch on him and the rest of the family for not doing enough.
I had to speak to the police, a useless chaplin, a detective, and the county coroner and call my father to tell him. Last week he was cermated and we held a memorial. He was 30.