Money Talks - So What if You Don't Have Any?

After much discussion with my family and some friends we decided to hire an attorney for Keven's next court appearance since his Public Defender has demonstrated time and time again that he does not like Keven or me and treats us both very rudely.

It appears that Keven has two options:

a drug program that is designed for older addicts/alcoholics who have tried every other method of rehab possible and has a very low success rate for anyone, especially for anyone under 25 years old

or

six months in jail

Keven has already decided to choose the six months.

BUT I want to know why he was not offered the intermediate program, Prop 36, which would hopefully benefit Keven and lead him to the road of recvoery.

Since our PD was not cooperating I called an attorney and my mom and sister agreed to split the cost.  I assumed it would be around $3,000 since this is what I was quoted before.  No - he wanted $7,500!  That's just too much money for them so we are back to relying on our PD to get Keven the most suitable option.

I don't know if this will do any good or if anyone will even read it, but I plan to try and get it to the PD, and possibly the judge, so that they understand what Keven would like.  The PD refuses to sit down and talk to me face to face so this seems like my only option to communicate.

Please tell me what you think, and please note:  I am not trying to get the easy way out for my son.  I want the BEST for him, not the easiest.  I don't want to set him up for failure (Drug Court) or keep him in jail where he has already been offered drugs and phone numbers or dealers to call when he gets out.  (He has refused both).

I wrote:

The attorney I had hoped would represent Keven called me.  We went over the case and all sounded great till he mentioned his fee:  $7,500 !!!!

There is no way we can afford that.  He also told me that he thinks Rich Carmona and Judge Jones (the PD and judge on Keven's case) are really good people that are fair.  I told him that Rich Carmona seemed to have a dislike for my son and for me but he said that many PDs have been burned by their clients for talking to their parents.   That's NOT the case because Keven signed something allowing me to discuss the case with Carmona...he just does NOT like us.

So, I typed this up and am going to fax it or email it tomorrow in hopes that it can make a difference.  I will also mail a copy to Keven but I doubt he'll get it in time so I will read it to him on the phone.

I am so pissed off and stressed out.  The attorney could make this happen (see the memo I wrote) but I don't know if Carmona will be willing or able to.


Here is what I wrote:

September 7, 2009


To: XXXX, Public Defender   
From: Barbara XXXX (mother of defendant), on behalf of Keven XXXX
cc: XXXX
cc: Judge XXXX       
Regarding: Keven David XXXX

    Case Numbers:       
       
    09SF0510        
    09SF0640    

I am writing on behalf of my son who is currently in custody.  He signed a document stating that he gave me permission to talk to the public defender and others involved in his case.

He goes to Court H4 on Thursday, 9/10/09 for sentencing and a Drug Court hearing.  Keven does not feel that he Drug Court would be beneficial to him because we have heard from many sources that its designed for a addicts who are typically older (he’s 18) and have no other options.  We feel that Keven would be more successful in a different type of program such as Prop 36 or Hope House.   

Questions:                                   

1.  Is Keven Legere eligible for Prop 36?  If so, that is what he would like to do.  He recognizes his drug problem and wants to recover from it.

2.  If Keven is not eligible for Prop 36, can you please tell me why? 

3.  If he is not eligible for Prop 36 what are his options besides Drug Court or 6 months jail time?

4.  Can Keven be court ordered to the Hope House program in lieu of Drug Court or jail time?

5.  Also, Keven’s license was revoked for one year which is going to make it nearly impossible for him to get to meetings and make appointments for either Prop 36 or Drug Court.  This is another good reason for him to be in Hope House.  OR, can his license be re-instated?  I am currently unemployed and able to drive him around but hopefully will have a job soon.  Public transportation here in XXXX is not very good so he can’t rely on it.

I am aware and agree that Keven needs to experience the consequences of his actions, but being so young  with a serious drug problem, I think jail time would not be as helpful to him as a recovery program.  Keven is a bright young man who has made some terrible decisions that have led to heroin addiction.  As his mother I see this as a turning point in his life.  The outcome of his sentencing can lead down a road of recovery or possibly down the road of life in and out of jail.  My son is not a criminal, he’s a drug addict.  Please try to send him down the road that will help him, not harm him further.  He’s already been offered drugs in jail and turned them down.  Its not a good environment for him but if faced with a choice between drug court and incarceration, he will choose the latter.  He sincerely wants and needs recovery program to allow him the opportunity to get his life back on the right track. 

Thank you,



Barbara XXXX