1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

took plea and served time for felony drug charge...granted parole..BUT...

Discussion in 'Probation, Parole, Incarceration' started by atxartist, Jan 24, 2022.

  1. atxartist

    atxartist Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Texas
    a friend was using meth and was in a bad relationship at the time... he had been watched and they caught up to him and was arrested. Went to court and took a plea(SENTENCE-FINE+TERM 005YR00MTH00DYS000HR) for reduced time and some charges dismissed but the agreement for his plea was he was to serve time with parole eligibility ...after about a year and half, he got apporval for parole upon completion of a program. He is about to complete the required program and then would be released to a halfways house before released to his home.

    here's where it gets odd... that girl he was seeing and using drugs with when he got arrested sent me a snapchat message and was all cryptic and dark and sounded VERY hateful and was saying things like my friend was the one seeing her snap...not me. So I let my friend know next time he called me from prison... then he told me when he got arrested...a few weeks before that him and that girl had an altercation - long story short, she bit his hand and drew blood when she gashed his finger when she bit it...he threw his hand back to push her away so she wouldnt bite him again and his hand hit her nose upon doing so. It turns out she filed a report and it went in as assault bodily. date of incident is listed as 12/2020. They were both doing meth regularly during that period.....difference he got arrested...tried and served and is getting ready to be released on parole...completing that require program as a term for his release. So now he is rehabilitated. She never got caught or arrested for her meth use.. so she has NOT dealt with her drug use as far as we know.

    So now he as that hanging over his head when he served and dealt with the felony charges and put it behind him ...ready to start his new life fresh and then this pops up and now we dont know what to expect ..if he will be put in county a year and charged for that which he had no idea was there all this time...or would it be dismissed as time served already credited since he's been in jail all this time and the incident was before his senting and rehabilition?

    his concern is this... he went to trial and sentenced and some other charges dismissed etc.. on 3/2021..he was never told about that assault bodily and we just found out about it after I dug around and did searches after that girl was acting crazy. At this point, he's served almost 2 years of his 5 yr sentence...got parole and is completing the program to then be released on parole..they havent told him what halfway house hes going to.. everyone else in the program has been told where they are going .. so we think that they arent telling him because that assault bodily that is showing on his name and we think when he gets released to leave, they are going to arrest him and process/charge him with that assault bodity and put in county for a year or something.

    is that possible? or will that assault bodily be dismissed or removed since it occured before he got arrested and sentenced and completed his rehabilitation and since he already served almost 2 years it be dismissed and his time served count for that charge which is completely unrelated to the felony drug charges which he served time for and is getting paroled for?

    should that bodily assault charge (12/2020) be something he was made aware of and handled when he was being tried and sentenced for the felony drug charges on 3/2021 ? Is that something his public defender should have been told or uncovered so that he could take care of it all together?

    We have NO IDEA what to do or expect or if I should reach out to his public defender from when he was tried for his felony chages and tell them this whole scenario and get their recommendation?
     
  2. army judge

    army judge Super Moderator

    Messages:
    35,014
    Likes Received:
    6,057
    Trophy Points:
    113

    Anything is possible.

    You can't stop whatever a prosecutor is planning.

    ALL he can do is use his right to remain silent, ask for a lawyer, and speak ONLY to his lawyer.

    Don't discuss ANY of this madness with him via mail or telephone.

    Use your right to remain silent, too.
     
    Red Kayak likes this.
  3. Zigner

    Zigner Well-Known Member

    Messages:
    4,948
    Likes Received:
    2,817
    Trophy Points:
    113

    Further to this...
    Tell your friend to stop telling you his side of the story. You can be called to testify.
     
  4. flyingron

    flyingron Well-Known Member

    Messages:
    1,179
    Likes Received:
    576
    Trophy Points:
    113

    Mutual brawling is still assault for both parties. The state still has until December of this year to bring assault charges. The fact that he committed the crime BEFORE the one for which he was tried and convicted for means nothing. Had it arisen out of the same acts it would be a different story, but this is independent.

    As Zig points out, things the defendant says to others are an exception to the ban on hearsay testimony. You can indeed be called to testify over the incriminating statements he made.

    He should STFU until charges are actually brought by the state (the girlfriend making a complaint means nothing here). If that happens, then indeed he needs an attorney and if he is still indigent a public defender (not necessarily the one he had before) will be made available.
     
  5. Red Kayak

    Red Kayak Well-Known Member

    Messages:
    393
    Likes Received:
    430
    Trophy Points:
    63
    I think you need to de-drama your life and go to rehab yourself.

    Not your circus, not your monkeys. There are better ways to make your life interesting than associating with drama llamas.
     
  6. atxartist

    atxartist Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    With a response like that, perhaps the person you should direct that statement to is the person staring back at you in the mirror. First off, drama llamas or however you jokingly refer to people that may have made mistakes in their life or bad decisions or whatever...making fun or whatever you may call what you do, is not a decent human being thing to do. I do not judge someone or poke fun at or alienate a person because of choices they've made that may not have been the best. I believe people deserve second chances if they sincerely want to change and do better..be better and turn their life around. Yes, I know people lie or tell you what you want to hear at times to get your help or whatever... but I can just try to trust my gut or believe in someone until they give me a reason not to. Let me guess... when you see a homeless person you automatically assume he's a con artist.. pan handler that isn't homeless and just wants money for drugs and alcohol right? You assume the worst in people and stereotype them without thinking twice and steer clear of drama llamas. Lets hope you never make mistakes or find yourself down on your luck and have someone do the same to you and assume nothing but negative thoughts about you and simply pass you by without hesitation.
     
  7. Zigner

    Zigner Well-Known Member

    Messages:
    4,948
    Likes Received:
    2,817
    Trophy Points:
    113

    That's all fine and dandy - but don't complain when you get bit.
    Did you tell your friend to stop involving you in this matter yet? It will help him.
     
    leslie82 likes this.
  8. leslie82

    leslie82 Well-Known Member

    Messages:
    1,986
    Likes Received:
    331
    Trophy Points:
    83
    I'd suggest finding new friends...meth addicts generally don't tend to stay sober and they are not the best people to be around.

    What does it matter if they were both doing meth regularly when an assault happened? And why is her drug problem YOUR problem? That is not your business or your problem. Just block her on social media. Problem solved. I wouldn't say your friend is "rehabilitated" just because he went to prison...I mean an ex is a meth addict and he's been to rehab 6 times in 10 years, also been to prison and jail multiple times in the last 6 1/2 years alone. Time will tell if he stays sober...

    So she filed a report in Dec 2020 - and they never charged him? Or did they charge him and he has a warrant? It doesn't sound like he was charged for assault or they'd have addressed that when he was arrested and convicted of what he's in prison for now. I don't see how it's "hanging over his head" at all. I guess I'm just confused about that part. Again not really your problem nor can you do anything about it unless you wanna pay for a lawyer for him if he gets charged with assault. If he hasn't been yet, I can't see why they would all this time later but who knows I guess. If there is a charge against him for assault, he needs to get a lawyer and address it. No he wouldn't get time served credited for a new charge.

    Yeah they might be planning to charge him once he's on parole. That's a possibility. Could he be in county jail for a year? If that's how long it takes to prosecute the case with any continuances, etc, sure. Not your problem though.

    No one on here can predict what the county attorney/DA is going to do about any possible charges. No one can see into the future. Not sure why the prosecutor didn't bring up this charge in March last year but again, ask the prosecutor who led that case.

    There's no "we" in this case. It's your friend's issue to handle. The public defender from his last case has nothing to do with this one and he probably would get a different PD. Again you can give him money to hire a lawyer or research lawyers for him. But if I was you, I'd cut my losses on this friend before you get dragged down with him. Just my two cents.
     
    Red Kayak likes this.
  9. Red Kayak

    Red Kayak Well-Known Member

    Messages:
    393
    Likes Received:
    430
    Trophy Points:
    63
    You need to stop using drugs.

    I know - you think that *your* use is recreational, that you have everything under control.

    You don't.

    The only one you're fooling is yourself. There are people that can help you. Find Narcotics Anonymous Meetings
     
    leslie82 and justblue like this.
  10. atxartist

    atxartist Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    I appreciate your constructive response.

    the new charge, according to his prev PD I spoke to, while the incident occured 12/2020 , it was just recently filed/charged on 10/2021 so when he was on trial and getting his plea/sentence ..it was not showing yet.. it just showed
     
  11. leslie82

    leslie82 Well-Known Member

    Messages:
    1,986
    Likes Received:
    331
    Trophy Points:
    83
    "People that may have made mistakes..." doing meth is a choice. Not a mistake. No one "mistakenly" does meth. Ever. I will 100% judge anyone who willingly ingests or injects meth into their body. It's no secret that meth is extremely dangerous - especially when there are people out there who are mixing meth with things like fentanyl. A person isn't going to know when they'll get a hot shot when using meth. So I don't feel sorry for anyone who OD's from meth -whether they survive it or not. I do feel bad for the loved ones of addicts who are the ones who truly suffer from that addict's shitty decisions.

    As someone who was married to a meth addict, the only way you are going to help them AND yourself is to distance yourself from that person. Otherwise, they are going to drag you down with them. My ex husband nearly destroyed me with his addiction and abusive behavior when he was coming down off meth and couldn't get more. I nearly died the last time he put hands on me when he strangled me. You think that your friend won't hurt you? Please... I used to enable my ex like everyone else and it took him mooching 3/4 of my savings, racking up a credit card and nearly killing me to wake the hell up and get away.

    If I see a homeless person, I will not give them money. I will offer to buy them food or help them get the resources they need. If they refuse that, then they truly don't want help. They probably do just want drugs or alcohol.

    If I were ever down on my luck to the point I suddenly became homeless, I won't be standing on the corner begging for money. I'm going to find resources to help me get on my feet and I'm lucky enough to have loved ones who would help me. But if I resorted to drug use, I know my family loves me too much to enable me and I hope they never would enable me.

    You can make whatever choices you want but I'm telling you right now, if an addict is happy with you, you're enabling them. If they're mad at you, you're doing the right thing.
     
    commentator and army judge like this.
  12. leslie82

    leslie82 Well-Known Member

    Messages:
    1,986
    Likes Received:
    331
    Trophy Points:
    83
    Then he has to deal with it when he gets out on parole - actually will they even let him out on parole? I know one time my ex was about to get out of jail, as in he said literally about to walk out the door and his mom was waiting for him, and they ran him for warrants and one popped up and they kept him there. For some charge that had been filed while he was in. So maybe he won't get out on parole.

    Again this is a your friend problem and not your problem. I really, really urge you to remove yourself from his drama and worry about yourself. You legally can't do anything. It's his problem. If he can't afford an attorney he can request a public defender. If you really want to "help" you can pay for a private attorney for him. But I'm telling you right now it's not worth it but to each their own.
     
    commentator, atxartist and army judge like this.

Share This Page