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10623623 tn?1414292089

I was indicted and have a court date

OK. So apparently without my knowing, I was indicted on the second of December, and I now have a court date of 12/18/2014 at 9:00 AM. No one notified me of grand jury or indictment, but according to my attorney, that happens, and there is nothing I can do about it. Needless to say, I am sick to my stomach.

The charges are two counts of fraud possession of a controlled substance 3/4. The indictment says I was indicted for obtaining two different prescriptions from two different doctors. There were way more than that, so I don't know why I don't have fifty counts. I talked to my attorney,and he said they could continue to add more counts. I asked him what my chances were in not going to jail, and he told me I put myself in this position, so he could not promise anything, but because I have not prior record, I have the best chances possible to stay out of jail of anyone.

I just put the kids down for a nap because I am so not OK. Please talk to me.
27 Responses
Avatar universal
I'm sorry hear that but now suspense of what if is over. I'm sorry I don't have great advice or wisdom words. But I can pray for you. Hang in there.
11168641 tn?1439497990
I betting bc you have made a real genuine effort to get clean it will stand well in the court. Also not having any priors is a big factor and looks good.
As I believe Robin said before: I would document the [email protected] out of your recovery process; meetings (make your own check sheet if need be), make a journal, and possibly get some character statements from friends/colleagues/Dr./Therapist. This shows you are committed  to getting clean and others can see it as well. I believe bc you've been so successful this far, it'll speak volumes.
Lawyers don't like to tell you anything definite bc of their stants and reputation. That's just how they operate.
Given the circumstances you're in better standing than alot of other people. I really wish you the best and hope this all turns out ok.
1796826 tn?1578874779
Grand juries vote to indict 99.99% of the time. Their function is not to determine guilt or innocence, only to determine whether a trial is warranted.

It appears that Texas organizes drugs into four categories for the purposes of prosecuting drug possession. Interestingly, these appear to be similar to, but not exactly the same, as the federal "Schedules".

If you're saying that you're being prosecuted for possession of "Penalty Groups 3 and 4" then this is a good thing for you. This "Penalty Group" is the least serious of the ones they list.

There are too many variables to give you a guarantee, but the odds of avoiding significant jail time are overwhelmingly in your favor. If I had to guess, I'd guess you'll plea it down to probation and a fine. You will also probably have a court-mandated diversion.
Avatar universal
I don't know if where you live is a big difference,but I'm in canada and my it sounds like the same thing my gf was charged with. She would have went to jail but because of her small Children they put her on house arrest for 6 months with an ankle braclet. I remember she had surprise drug tests regularly (which she passed) she was allowed out for her n/a meetings and seeing her counsler. To take her kids to and from school and church on Sundays. I hope wherever you are something like this can be an option for you if there is jail time considered.
Avatar universal
Hey I'm not a lawyer but what the folks above sounds right. Just want to offer some support and good vibes. Breath slowly. It's great that the torture of not knowing is over. At least now you know what your facing. Ben really sounds like he knows what he's talking about. Don't panic. Stay calm.
10623623 tn?1414292089
I really hope that if I have to serve time, it would be at home. That would be awful, but staying with my children is all that counts. I understand that I did this, and I must face the consequences, but I have to say that there have been so many consequences already, and a felony on my record will end my career and possibly put me in a situation where I lose my house and life as I know if. That is a huge punishment. Prison is not the only punishment here. I hope the judge knows that.  

All that I am concerned about is my children. I will fight to the death for them. They need me. I am not just saying that. I know with all of my heart that those two babies need me more than anyone on the face of this planet. Yes, they have a father, but it just is not the same. If it were left to just him, he would lose everything that we own. They wouldn't have any true stability at all. He just is not up for the task of taking care of them without me. He would be lost, and so would they. Also, I don't tell many people this, but we are not legally married. We present ourselves as married, but we are not. He has some major tax debt issues that I just cannot be a part of. Also, I was married previously, and that divorce has really soured me. What this means is that I am their one legal guardian. If we split, I have 100% custody in Texas. He would have to have a paternity test and go to court to have rights. He can't make legal and medical decisions for them.

My parents are prepared to hire me in the event that I am fired. I have some retirement money, so I would be OK for about a year if I had no job at all. But I can work for my parents to keep the health insurance for my kiddos.

I truly in my heart believe in my heart that if anyone deserves a second chance, it is me. I am working so hard to earn a second chance and do the right things. I really am. I go to counseling and work an aftercare program. I am clean and sober. I try not to lie and be a better person than I ever have been. I made a bad mistake. I lived my life in active addiction for so many years. I never harmed anyone but myself, though. I would never in a million years do anything bad again. That is the truth. I know some people get scared and say that and then do it again anyway, but I can tell you with 100% certainty that I would never do it again.

I had an appointment with a surgeon for my hernia surgery, and I was extremely honest and up front about my problems with opiates and that I did not want them. I am making good choices right now and people are starting to like me again. Everything was getting better...... I just want my kids. That is all I want. **** my job! I just want my kids. I will never let them down again.  
10623623 tn?1414292089
Yeah, but I don't know what I am facing. My lawyer said it could get a lot worse and probably would once we go to court. They may hit me with fifty charges or counts.
Avatar universal
Oh man. That is next week. That is fast. But at least the waiting is over. You have come so far. Your attorney better show all of that in court. I am praying for everything to work out as best as possible. I can't imagine.

Just love those babies and try to stay positive. You will get through this.
10623623 tn?1414292089
Did she have a prior record? That scares the **** out of me. I think house arrest is really hard to get down here. Did the kids have a dad?
10623623 tn?1414292089
Thanks Merri124. Next week is just to have the charges read to me or something like that. I will not be thrown in jail. From what I understand, this entire thing will likely take several more months.

The next consequence will be regarding my job. I have told them that I was indicted as I am legally bound to do so. I will let yall know the second I know anything.

I really need you all to know how much I love and care about each one of you. You have been my rock through this entire situation. I know I can come here for support, and you are the first place I go to when I need an online shoulder to cry on. I am very grateful for all of your friendships.
Avatar universal
Yes kids had a dad at home. Not married,just common law. And I'm sorry I didn't mean to scare you. And not her first offence. She was charged prior to growing and selling pot. But just got a fine for that. And I'm not sure If it's the same as you? She was charged with what's called double doctoring. But it wAa more than "double" it was dozens.
Avatar universal
She also didn't go through all these steps you are to get clean. She only got clean once on house arrest and because she didn't want to go to jail. What you're doing is good!! I think you'll be fine. Especially with no prior records
1235186 tn?1549257619
Hun  charges are always pleaded down to lesser charges.
My daughter was arrested and was charged with possession with intent to distribute. Also for grand larceny. She had 4 felony charges.
They were pleaded down and she is in drug treatment court.
As long as she completes the outpatient, with clean turbines for nine months all of her charges are dismissed, sealed and expunged.
She could  have served serious times in rikers island , new York prison.

With Most crimes that are drug related they want rehabilitation as the primary goal not punishment in jail.
As you stated you have already suffered enough self inflicted pain.

The wheels of the courts grind pretty slow. My daughter was initially arrested in Jan 2012 yep almost 3 years ago. She has been clean for over 2 years.
She went to a Christian women's recovery home. The state of New York hasn't recognized it because it is state founded or certified. So she still
Has to meet the courts  requirements so the charges will be dismissed.

You are doing awesome. You are working your recovery program.
You are clean. You are innocent until proven guilty. That also pertains
To your job.
This is your first offense. You are a functioning member of society, a mother.
Have a job that you are passionate about. These are all very position things.
Keep up the good work.
Keep the faith.
Deep breathes.
Merry Christmas.
5347058 tn?1381188426
Hey there. I just wanted to drop in and add my support to the mix. The worst part of this is over...the not knowing. We always manage to manifest the worst possible outcomes in our mind  when faced with the unknown. Please listen to atthebeach and ben. They know what they are talking about. You are and have been working hard to better your life and get clean. That will help tremendously when and if it comes to sentencing. As flawed as our legal system still is when it comes to dealing with addiction, it is getting better. The judges and courts have shifted more to a mindset of treatment and rehabilitation versus making someone serve hard time. You need to focus on what you have control over at this time...your recovery. This will not only look good when you go before the judge, but also benefit you. This will all work out and may end up being a blessing in disguise. Please try not to stress too much. Focus on the positive and what you actually have control over. The rest will work itself out. Sending wishes for strength, clarity, and most of all peace your way. Please take care of yourself and keep your head up. Good luck to you.
Avatar universal
I agree with the above posters.   Courts these days are definitely swinging AWAY from jail time for non-violent offenses.  There is too much over-crowding in prisons anyways.

Listen, honey, I know this is making you sick with worry...and I know that it feels impossible NOT to fret and ruminate over this, but please try and keep a positive mindset.   If worry would help AT ALL, I would tell you "DO IT...Worry 24/7."  But it won't.

As addicts, we want to exert our will over everything.  In recovery we learn to turn it over...to accept our life and know we can live through any thing if we stay true to ourselves and the program of sobriety.

I'm not crazy about this attorney of yours....he isn't doing much to make you feel supported or hopeful.    Surely he has had cases like this before and could offer a more insightful speculation?

Anyhow...we are here for you, and I think you are going to be fine.   You will not die from this, your children will be okay, I PROMISE.   Things have a way of working themselves out....

I will keep you in my prayers, hon.

Avatar universal
I just wanted to offer my support also, I live in TX and have been in trouble in TX. I had been indicted for felony possession of cont. subs. 2nd degree. I had no priors and got probation, a good friend of mine was indicted last yr for distribution, schedule 2, no priors got probation, I am not a lawyer, but in my case they brought up about ten charges on me and just ended up with the one, which was deferred unabjudicated (sp?) all that is is it wont show a conviction on your record, just an arrest. I know this is scary, but since your record is clean and you are steadily working on recovery, I really think they will give you a plea. as stated above the overcrowding of non violent drug offenders makes me think they will want to keep you out of jail. I just want to send some positivity your way and let you know not everyone goes to jail, your date is soon, that is good, the waiting will be over, and the court system takes a long time, especially with the holidays coming up. I know your worrying and nothing I say will help, but try to stay positive, I wish you the best. XOXO C.
Avatar universal
It really depends on your county and DA in Texas. I did 30 days in jail for one marijuana cigarette, while my dad did 15 days for a DUI. Unfortunately, it has to do with your race, class, and who you know as well. My Aunt was the head secretary for the Texas State Attorney Generals office for 20 years, so when psych meds and clean clothes and mop buckets were refused to us in jail, I was able to use who I know to get those things, because it was a felony how they treated us in Texas jails. Some guards were fired the same day, for falsified records, saying they gave psych meds and clothes out, but they didn't. Anyway, mind your p's and q's, dot your i's and cross your t's, and say sir or mam a lot. No matter what, you have left that life behind, so this will be behind you soon too. Pay your due and get back on track. The judges can see brutal honesty and remorse for bad behavior, so lay it on thick how much you are sorry and are a new woman. If you go to meetings or therapy, bring proof to show your self-motivated efforts. I avoided jail just because I went to an NA meeting 3 days a week and had the secretary sign a piece of paper to prove I went. Meetings were not court ordered, but it sure did show the court I was serious about healing and was doing something about it.
2107676 tn?1388973859
I agree with Robin.  I'm not crazy about your lawyer either.  He's supposed to be helping you and doesn't need to remind you that "you got yourself into this situation".  I think you are well aware of that.

Make sure you document everything that you have done since your arrest.
You're on suboxone if I remember correctly.  Have you reduced your dosage?  Make sure your lawyer brings up how you informed your doctor of your addiction due to your upcoming hernia surgery and how you told him you don't want opiates.  (I don't know if that's possible or not but just the fact that you told him is a huge plus).  I agree that you deserve a second chance and I totally believe you will get one.
Avatar universal
Ditto that too.

You are innocent till proven guilty. So your job is probably going to wait for the outcome. If you can plea to an offense that is not a feline that would be great. However you have a plan do you are covered and will be ok. I would suggest rolling your retirement to a 401k from a bank or something. If you can live without it then that is ideal. You need it for your future too.  And you will get taxed twice if you take it out. It is a lot.

Just enjoy your Christmas please. It will be so much fun with the twins this year. So exciting. I love children at all the Holidays. You have a good family. Keep them close right now.

10623623 tn?1414292089
Ok, the going to jail for one joint thing made me almost throw up with terror. Scarrieanne, your story really helps. When I read things like that, it helps put my mind where it needs to be. Those of you saying my attorney isn't the best are freaking me out. My parents have known him my entire life. He is extremely connected and has been working in that county his entire career save for the time he went into politics. I know one story about him: His mother in law was a politician and did something really bad like embezzling money. People wanted her head on a platter, and she walked away clean. The DPS guy who arrested me was going to press charges on me in another county the next day, and my attorney was able to talk him out of it because he knew him. So I have to have faith in him. I know I keep saying this, but I just pray that the judge and DA will care I've never broken the law before, went to rehab, and have twin one year olds. I just hate myself for doing this to my babies. My husband and I agree that if I have to go to jail we will tell the kids I am in the army or teaching over seas if they ever ask. Truly, I have never done anything else remotely wrong in my entire life.
10623623 tn?1414292089
If color of skin matters like the above comment said, I am a white 31 year old female. Why would anyone put someone behind bars for a joint? My attorney asked me if I have faith and told me he has complete faith in what he is about to do for me. I don't have money for another retainer. I think what he was saying is that he can't promise me a desired outcome, but he then told me that of anyone, I have the best chance at getting probation. Isn't that pretty much as much as any attorney could tell you? He is right. I broke the law, so there are no guarantees.
Avatar universal
When my girls were really young I would tell them Dad was working far away when he was gone awhile. At 1 years old they are clueless & don't understand. Really. That is all he has to say. They won't remember anyways at that age. You'll be able to make phone calls do you can talk to them and tell them how much you love and miss them.

That is if it happens. You are ok. I know it is super hard. But just just try to let it tske it's course. Your attorney will do everything possible. Document everything that led up to it happening. Everything you have done since. Get receipts and proof of what you have done. Are you still seeing a therapist? Maybe he/she can write a letter of recommendation for you outlining your care and recovery and praising you. You have done what others couldn't do. Even with threat of jail. You made ONE mistake if I remember correctly. It wasn't a regular thing.

Always praying for you. And sending big hugs of support.
10623623 tn?1414292089
My lawyer has been practicing for 40 years and has a doctorate degree. My therapist told me he would definitely stick his neck out for me. I just can't leave my babies. They need their mother.
10623623 tn?1414292089
I can't stop thinking about going to jail. I shook if the depression these last few months, but now it's back.
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