Stupid teenage clients...but I can only do so much

[Dueller]

I'm just worn out after negotiating a plea deal. Let me give you the scenario as objectively as I can.

19 y.o. male. High School honor student. 30 on ACT. Admitted to MSU in the honors program...partial scholarship. Does Ok in his freshman year. Returns for his sophomore year and essentially has a nervous breakdown. Panic attacks, depression, etc. Seeks medical attentioon at school clinic...they prescribe Zoloft, Robaxin, aderall, etc. Starts drinking/smoking pot, stops going to classes late in semester. Realizes things are going downhill. Flunks most classes. Drops out and comes home gets a job as a waiter while living at home. sees more docs, they change all sorts of meds. One doc thinks there may be something neurological going awry...sees neurologist and more docs. More/different meds supplied. He's just whacked out on everything.

In 3/09 he's hanging out in his neighborhood. Hooks up with some neighborhood 17 y.o. kids and they wander the neighborhood on night. These kids are delinquents and go around in neighbors unlocked cars scrounging for change, radar detectors, sunglasses, ipods, GPS's, phones etc. My client doesn't actually go in any of the cars but accepts a GPS, ipod, sunglasses, etc. Takes it home
and stashes it in his room. Parents see a blackberry they know is not his, figure out who it belongs to and makes him return it to owners mailbox.

3 weeks later a coworker at restaurant where he works asks him to get him some pot. Client refuses initially but after several requests agrees to find him some. Coworker gives him $100. Client goes with another female coworker to try to buy pot. He can't find anybody but female coworker says she know someone. She calls her source so they go there. Female buys $100 bag. They call coworker and he suggests they meet at a local Lowe's store parking lot. They meet up...yup you guessed it...coworker that asked for pot is police informant.

Cops swarm down. Issue field warrant for him to come to station following week. Did I mention that the reason the informant wanted him to meet at the Lowe's parking lot? Oh yeah...there is a city park entrance within 1500'...HELLO ENHACED PENALTIES.

Four days later, client is driving and is pulled over for seatbelt violation. Consents to search and officers find a few roaches in ashtray. Field citation for misdemeanor possession.

During the course of all this, client has finally found a doc that isn't a total feel good pill pusher and gets into rehab. Major improvements and he enrolls in community college. Making excellent grades, passes drug tests, in ongoing counselling/rehab.

SOOOOOOOO....when all the dust settles he is charged with the following:

2 counts misdemeanor possession (max $250 fine ea)
2 counts petty larceny (up to $1000 fine/6 months in jail ea)
3 counts felony auto burglary (Up to $5000 fine/5 years ea)
1 count felony sale for under an ounce of pot (Up to $5000 fine/8 years)
1 count felony conspiracy (he and the female co-workers plan to buy for other coworker)
Forfeiture of his car (2005 Mitsubishi Montero SUV)

He's done well in school, has successfully completed rehab. No crimes before or after this 4-5 week craziness), found a job elsewhere, has matured a lot.

So...what should his punishment be?

[Rick V]

ya do the crime Ya do the time. Sorry but I am a hard a$$. The Parents should have also stepped in when they realized things were not right with little Jr.

[greglepore]

Whatever gets him 3 yrs probation and no felony record. The felony record almost guarantees recidivism, he'll never be able to find a real job.

[slodave]

1 count felony sale for under an ounce of pot (Up to $5000 fine/8 years)

Ouch! Tough state...

[Moses]

100 hours Community service.

Record expunged if no offenses next 5 years.

Absolutely no jail time. No need to further derail this kids life.
Oh... And give the kid his car back. The State should not be profiteering from entrapment.

[Dueller]

Originally Posted by Rick V

ya do the crime Ya do the time. Sorry but I am a hard a$$. The Parents should have also stepped in when they realized things were not right with little Jr.

Parents did...sending him to every doc they could find, riding herd on him, making him pay them rent, curfews, etc.

So...a 19 y.o. should be sent awy for 20+ years for 4 weeks of stupidity? Just asking...

[Racerbvd]

Probation.. Doesn't sound like he went looking for trouble.. And while on meds, it wasn't hard to push him into bad choices, and hell, guys are going to do what chicks ask at that age.. Plus, take a look at the depression thread..

[Rick V]

Originally Posted by Dueller

Parents did...sending him to every doc they could find, riding herd on him, making him pay them rent, etc.

So...a 19 y.o. should be sent awy for 20+ years for 4 weeks of stupidity? Just asking...

Part of the problem with society today is the fact that people expect that they can get a lighter sentence for what they do.
Trust me I was no angle but I never got busted, I was bright about my stupidity.
I stand by my statement. Accountability.

[Tishabet]

Originally Posted by Rick V

Part of the problem with society today is the fact that people expect that they can get a lighter sentence for what they do.
Trust me I was no angle but I never got busted, I was bright about my stupidity.
I stand by my statement. Accountability.

I don't necessarily agree with your stance, but your statement about expectation of a lighter sentence (in bold above) is insightful... there is indeed something perverse about life sentences turning into 8 year sentences etc.

[Dueller]

Moses...I believe you mentioned entrapment. In our state to prove entrapment you must show no predisposition to commit crime. Informant (to save his own skin as he has pending charges) will testify that he knew he smoked weed and had said he knew where to get some. That's apparently enough in our state to show predisposition according to numerous cases.

About the only way to assert an entrapment defense is to show a police officer sold something to you to sell to another police officer.

[LeeH]

Originally Posted by greglepore

Whatever gets him 3 yrs probation and no felony record. The felony record almost guarantees recidivism, he'll never be able to find a real job.

And enough of a fine that he and his parents won't forget it. 19 is old enough to know better.

Personally, I think there's some Eddie Haskell in most teenagers. Kid up the street who drives 50 mph on our residential street offered to clean up my yard after I knocked in the door and spoke to his mom about his driving. I just about laughed out loud. A few weeks later he drove by flipping off my house, not knowing that I was in the garage. This time he told his mom he was just having a bad day. I should have taken him up on the offer to do some yard work... then we could have had a little chat about manners when his mom wasn't looking.

I don't have a lot of patience for the "it's not Jr's fault" mentality. You deal with the consequences of the choices you make.

[Dottore]

Originally Posted by greglepore

Whatever gets him 3 yrs probation and no felony record. The felony record almost guarantees recidivism, he'll never be able to find a real job.

Agreed. This is kid stuff, and from what you say there were other factors in play. And no one should get a felony count for pot. No one.

[Dueller]

Originally Posted by Dottore

Agreed. This is kid stuff, and from what you say there were other factors in play. And no one should get a felony count for pot. No one.

Yeah...but he was selling drugs within 1500' of a park!

[sammyg2]

6 months jail time before eligible for probation, $5k fine, 1000 hrs community service and 3 yrs probation. that's what I think he deserves but I'd bet he gets much less.

[slodave]

The seller should also set the meeting place. Bad idea to let the buyer do that.... Only ends in a setup.

[Laneco]

Originally Posted by Moses

100 hours Community service.

Record expunged if no offenses next 5 years.

Absolutely no jail time. No need to further derail this kids life.
Oh... And give the kid his car back. The State should not be profiteering from entrapment.

Agree with Moses except that I suggest the car be sold to pay legal expenses, fines, etc., and a significant amount of community service. Much as a hard case as I can be about certain things, I believe that many people do make mistakes and can learn from them. I think this is one of those situations.
angela

[Dueller]

Originally Posted by sammyg2

6 months jail time before eligible for probation, $5k fine, 1000 hrs community service and 3 yrs probation. that's what I think he deserves but I'd bet he gets much less.

I wish. Here's the best deal I could strike. He has tonight to think about it. Otherwise we go to trial next tuesday.

All misdemeanor charges remanded (dropped).

Conspiracy dropped.

Non adjudication of sale charge, but he must first enter a guilty plea that will be held in abeyance and dropped/expunged with completion of five years probation (likely to be reduced to 2 1/2 with successful participation). 6 years suspended. (i.e., screw up and you have to do six years in the pen.) $1000 fine.

Plead guilty to one count of auto burglary. 5 years with 4 suspended. Probation to run concurrent with drug probation. Must serve one year in special non-violent youthful offender trustee program in local county jail (special housing, visitors allowed every evening 5-9 p.m., all day sat/Sun as opposed to every other Sunday). $1000 fine.

DA will not contest expungement after successful completion of sentence/probation.

[Dueller]

Originally Posted by Laneco

Agree with Moses except that I suggest the car be sold to pay legal expenses, fines, etc., and a significant amount of community service. Much as a hard case as I can be about certain things, I believe that many people do make mistakes and can learn from them. I think this is one of those situations.
angela

I was able to get the car returned at the outset as it was titled in dad's name.

[DanielDudley]

Originally Posted by sammyg2

6 months jail time before eligible for probation, $5k fine, 1000 hrs community service and 3 yrs probation. that's what I think he deserves but I'd bet he gets much less.

I think that is harsh, but I think he should be given a reduced sentence if he tests clean for the duration of what his sentence should have been.

I do think he needed to get busted, otherwise he would still be screwing up. I am also not sure he is being totally honest about the sequence of how he came to drop out, but hey, I wasn't there.

I also get that there are many productive members of society who use pot, but as they say, reality is for people who can't handle drugs, and vice versa.

[wdfifteen]

Originally Posted by Dueller

SOOOOOOOO....when all the dust settles he is charged with the following:

2 counts misdemeanor possession (max $250 fine ea)
2 counts petty larceny (up to $1000 fine/6 months in jail ea)
3 counts felony auto burglary (Up to $5000 fine/5 years ea)
1 count felony sale for under an ounce of pot (Up to $5000 fine/8 years)
1 count felony conspiracy (he and the female co-workers plan to buy for other coworker)
Forfeiture of his car (2005 Mitsubishi Montero SUV)

He's done well in school, has successfully completed rehab. No crimes before or after this 4-5 week craziness), found a job elsewhere, has matured a lot.

So...what should his punishment be?

$5000 fine, probation until he's 25. No jail time and no felony record.