my dad was caught with forging a prescription

i need help, im very scared for him, we live in texas and texas is very hard on the law. i want to know whats gonna happen to him when he goes to see the judge, he was caught at walmart for forging a prescrition and they arrested him and he made bail, we are not wealthy or anything so i dont think we can even afford a good attorny, hes probably gonna get a court appointed one, is he going to be on probation? or is he looking at jail time? i think he was charged with the same thing about 10+ years ago but we were living in michigan at that time and he got probation for it, i dont know whats gonna happen here because that was a decade ago and a different state.

[TinHead]

usually for a first offence he would recieve probation and regular drugs tests but given that he has done it before i would say its likely this time that he will recieve jail time followed by probation, im not a lawyer so i really have no clue other than knowing a guy who was charged with the same thing, he recieved probabtion but it was a first time offence, maybe the fact that his last drug offence was 10 years ago might help but if its for the exact same offence i would be inclined to say the judge wont care about the time frames between the two offences.

[TrayCee]

In my state it would be 11months 29 days..... suspended

[enemy48]

Was it just the 1 script he got caught with this time at Walmart?.........or did he get away w/others recently and just got caught on this script?  & after investigation may find out, if they already haven't?  

[baoweeziethuynh]

i dont know, i dont know anything about it, all i know is the officer called me and told me he was charged with forgery.

[NautyOne]

get as much info. as you can.  We are not lawyers, or judges, but some have been thru it......If you get more info. maybe we can offer more suggestions.....

Sorry you are going thru this.......

luv,
Nauty..........

[enemy48]

Nauty's right.  Get as much info as you can.  

I'm not sure, and maybe someone can say better, but if he got caught on this just one script........then it would be one count of forgery.

If he's done it 20 times, it could be 20 counts?  Anyone?

[Mandapanda17]

sounds right enemy48... someone I know was caught doing the same thing and she spent about a week in jail, this is in california. i know every state is different.. and it would really depend on any prior criminal record.

[baoweeziethuynh]

he wrote about 4 forgery notes and i think hes been hopping to about 6 or 7 different doctors, are they gonna charge him for doctor hopping too?

[baoweeziethuynh]

and hes been taking vicodin, for the first time in my life i just yelled at my dad for 15 minutes straight, im scared for him and i care about him alot but he just doesnt listen to me or my family hes been addicted to it for years

[baoweeziethuynh]

scratch that, my sister told me that the det or whatever called her and told her that he forged 8 counts, what if he joins a detox rehab or something now, would that help with his case on showing the judge that hes actually trying to stop?

[NautyOne]

Hey, hun......if I may ask.  How old are you?.......

Going to rehab. can only help, but 8 counts is not good.

Luv,
nauty......

[Larry090]

Sounds like jail time might do him good... Reality check....

[larry1978]

i had a friend that got caught doing the same thing...im in texas...its considerd fraud and in texas its a felony...my friend got convicted and got lots of probation but a felony is a felony..in texas....it was her firs offense
hope that gives you somthin to think about
larry k.

[baoweeziethuynh]

im 17, whats the odds of him getting probation if he actually starts rehab now and stays in it till his first hearing rather than just going to jail?

[baoweeziethuynh]

and if he stays in rehab, im guessing it would be better, hopefully the judge sees that hes trying to change and is actually commited and gives him probation and a detox program

[larry1978]

well if hes done this before ...like you say the detective told you.....its not lookin so good....the rehab wouldnt hurt his case but im not too shure he/or she is gonna take it easy on him....if yall are from here ...you know how hard texas law is about drugs ....and they come down on people hard...especially second or third time offenders....so i dont know...my mother in law is a lawyer and she use to be the ector co attourney...ill ask her what she thinks and get back to ya....
larry k.

[lifesaride]

i'm thinking your right, i read of alot of criminal cases involving drugs, this one with your dad being (legal drugs) is looked at a lil different, the government knows this is an epademic affecting my lives. If this was an isolated case (meaning he wasnt caught up with a group of people doing this and distributing) and he can get help for it, I think his chances will be greater that he skates on this one. Look thisis serious but if they were solely  for him and he works on getting fixed the judge will see this and act accordingly.I do not think a bid in the joint is the best thing for him, I think some help with his addiction would be best, so when his head gets cleared up he'll see he has people who love and care about him and that too will help with his recovery.
Lastly, I sorry you and your family are going thru this,  This addiction is a disease and it's not pretty, so try not to freak out too much. Someone has to keep it together here. I realize its alot to ask with all thats on your shoulders but just try. Many props to you,

[baoweeziethuynh]

thanks everyone for the advice and larry i hope you get an answer and get back at me soon the more information the better for me so i can try to get him straight

[cattalina]

http:// forum.freeadvice. com/  (just take the spaces out)

I got some good advice here... My dad got caught last year selling percs and doesn't think he did anything wrong.  We live in KY - this was my dad's first offense and he got 5 years in jail suspended: 3 years on probation.  A court appointed attorney isn't the kiss of death all the time - I had a few good ones, so hang in there.  I know exactly how you feel right now.  I never could've imagined going thru this with my father...  I guess you never really know right?  Good luck hun