My girlfriend was arrested twice last month in Philadelphia for buy Heroin. Both arrest occurred with in 48 hours of each other. 1 1 35 § 780-113 Purc/Rec Of Cont Substby Unauth Per 05/02/2012 2 2 35 § 780-113 Int Poss Contr Subst By Per Not Reg 05/02/2012 Both charges were consolidated into one case. According to her PD.4 05/09/2012 Dugan, Patrick F.Order Granting Motion for ContinuanceDefense Request-Status-Accelerated Misdemeanor Program 2Case moved to AMP 2 programContinued for the results of a drug and alcohol evaluation and a 701 consolidationNext Court Date: 6/13/12XXXXXADA: Riker, PD: Allen/Bourassa, Court Clerk: K Nedby3 06/13/2012 Dugan, Patrick F.Order Granting Motion for ContinuanceDefendant has failed to appear.Bench Warrant Nunc Pro Tunc issued.Attorney to accept service.Next court date 6/27/12 atXXXXX (24th/25th Police District).ADA Deb Neary, PD Kim Bourassa/XXXXX XXXXX, Court Clerk Erin Waters She went to Eagleville Hospital on Friday June 15 and was released from the facility on June 20th for breaking the rules. She accidentally set off a fire extinguisher.We have court tomorrow morning.The questions I have is1. Will they put her in jail? She has no criminal record and is a first time offender.2. Will they try to send her to another facility? Though she was dropped from the AMP Program.SSG James Stearns United States Army Ret.
Country relating to Question: United States
Her name is XXXXXXXXX XXXXX XXXXXXX
Hello there Mr Stearns:
Can you tell me why she missed her June 13 court date?
Was her attorney present at the June 13 court date and was able to obtain a continuance to June 27?
Her Lawyer told her she did not have to go since they were going to put her into the AMP2 Program here in Philadelphia
So her lawyer was at the June 13 hearing. What most likely happened is that the lawyer told the court that he told her she did not have to appear and that is why the court granted the motion for the continuance to June 27 -- to give her another opportunity to appear. At the same time, the judge issued the warrant because he wants to make sure that she will appear. What will most likely occur is that if she is out on bail the judge may increase the amount of the bail (to insure her appearance the next time) and will require either that she attend another program -- which she will have to seek out and find herself (and this may be difficult given her dismissal from the first program) or she will be sentenced to jail. Whether or not the judge will continue/increase bail and let her remain free or whether she will be incarcerated during the time that she is looking for another treatment program to accept her will be entirely up to the Judge here and her lawyer will have to convince the judge that HE made the mistake on the June 13 date (it was not deliberate on her part) and that the reason she was dismissed from the prior treatment program was entirely an Accident and also not her fault. I cannot tell you with 100% certainty that she will not be remanded back into custody simply because I have no idea how far the DA is willing to go to either assist her in getting treatment or hang her out to dry (some of the DA;s have a very callous attitude toward all persons charged with any offense) -- and we also have no idea if the DA received a report from the previous treatment center and if that report is favorable or not to your girlfriend's treatment.
She absolutely must appear tomorrow or she runs the risk of having a full warrant placed into the statewide system ( a bench warrant is limited for a short time afterward and then it can take several months for it to actually reach the statewide system - this is done so that the defendant has a bit of time to actually get back into court and take care of the matter). The odds are high that she will be released to remain on Probation and find another treatment center -- IF the last treatment center did not write a note critical of your girlfriend and the reasons for her dismissal and the prosecutor is willing to be conciliatory and compromise. If she is not incarcerated but is ordered to find a new treatment center, then she needs to get right on that task because the court will most likely not give her another chance after this and she can be incarcerated for several years for these offenses (although as a first time offender with no record prior to this, the sentence is most likely measured in months rather than years). Please let me know if you have further questions.
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Thanks Mary.Finally after 6 years of knowing her I finally found the one I want to spend the rest of my life with and yet she does drugs. I have known this for a long time and I have tried my damnest to get her to stop, but yet the Heroin keeps beating me back. Yet deep down I know she loves me. I guess I am a fool to be in love with her. I have been engaged to her for sometime now. I know I took a big risk but she still has the engagement ring that I gave her 6 months ago. I think most addicts would have sold it by now to buy drugs. I will be taking her to court tomorrow at 0930 for the 1000 hearing so she will get there on time. She is sleeping in our bedroom as we speak.Hopefully the Judge gives her a another chance. She has been looking around for an out patient facility and finally found one. But she lost her cellphone on Monday and could not even get to the appointment she set up.Thanks Mary you have been a big help
Addiction is a horrible thing and the people who claim that these things are easy have never been there. I have a lot of friends and family who have battled these demons and it can be hell on everyone. I wish you all the best.
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15 years exp all aspects of general law
Mary She was given until August 8 to find and intensive out patient facility or she will be discharged from the AMP 2 Program.
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The Judge is very understanding in this case. She has called around to 6 or 7 out patient facilities so far. She really wants in patient but the one I really want her to go to is only 3.5 miles from me. Livingrin in Bensalem, Pa. The one she wants is in Valley Forge, Pa. It is her decision, but I wish she would listen to me for a change. I don't give her much money anymore, but I buy her food and clothes/furniture for the apartment. She gets SSI for her epilepsy condition 650 a month. This pays for her home, bus pass, and cell phone. I think she will lose that when we marry in October. Like I said she hasn't sold her engagement ring to buy drugs. So I am very hopeful for the future.
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