I was on the phone with attorneys off and on all day trying to find an affordable one that seemed to understand our complicated issue. It was sort of an out-of-body experience listening to myself speak all these legal terms and knowing things that a few months ago was completely foreign to me. You learn fast when you are forced to!
The problem is, our Public Defender is not very helpful. He doesn't like my son or me. He will not return my calls or answer my questions in person either. I just have ONE question I need answered: Is my son eligible for Prop 36?
I decided to hire an attorney (my mom and sis are paying) but DO I EVEN NEED ONE? If K is NOT elgible for Prop 36 then why waste $2,500 trying to get it for him? If his PD would just tell us the truth we'd know what to do.
Why won't the PD just TELL us if there is some legal reason K is not eligible for it??? I have researched it to death and can't find a reason he shouldn't be but the PD said its not an option - was he just saying that to scare him? I hate the games he plays.
The attorney I may hire said it may possibly irritate the judge if I switch from a PD to an attorney at the last minute. He knows the judge and the PD and things the judge is great. He said the PD is a nice person but that he is known for being difficult (I researched him and he filed a law suit a few years ago against his own dept. and lost).
So I have made a few last hope phone calls in hopes that I can find out in the morning whether or not to hire the attorney in the afternoon. Time is of the essence since the court date for sentencing is Thursday.
Its nerve wracking. I want my son to get HELP, to SUCCEED, to have the BEST CHANCE to get better. He will choose jail time over Drug Court but I don't want him in there, he's already been offered drugs and phone numbers of dealers to use when he's out. He's turned them all down.
I am finally seeing the humility in him that was lacking. He's scared. He hates it in there. He even understands why we are selling his truck.
Please pray and/or wish us luck this week, we need it!
3 comments:
Thanks so much....I had read that info several times looking for a loophole that would exclude my son but I can't find one. But his PD told him its not an option so he is either lying to scare him or there is some hidden law I don't know about. I have begged him to call me today so I don't have to hire an attorney but time is running out....he has never returned my calls before so I don't think he will today. It makes me mad that he's playing games with us when he's suppose to be on our side!
The probation department will make a recommendation and they should know if he is a candidate for that program. The Judge always reads the probation report prior to any type of sentencing, etc. Your son should have received a copy of that report. I work in this field and that is how it usually goes in California. You may have to talk to the attorney right before the hearing, PDs do that ALOT! Try and remember that it is his mess, I know that is tough right now, but put this in God's hands and know that it will work out for whatever his plan in life is. I am praying for you and your son.
Keep us up to date, Barb. And again..please take care of you.
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