Fix the Courts

How and why is someone legally threatened with money or jail? Why is someone told by their probation officer that if they don’t come up with $950 they are going to jail? Why would you ever tell a recovering addict that they need to find money by 4pm or there will be a warrant issued? Anyone that knows an addict also knows that they can get that money, but the real question is do you want them to be forced into a corner with the threat of jail?

Our son was in this situation, has been on several occasions, but this time was told if he didn’t come up with $950 towards his restitution he was going to jail and not county jail. They would send him to a state penitentiary for a 1 year sentence.

Now I understand that he needs to make a better effort to pay his restitution but he is a recovering addict and if he’s forced to make the choice of going to jail or doing whatever he needs to do, which choice do you think he’s going to make? Now I am not saying what choice he made because I don’t know what he did. Family helped him with about half the amount, the rest he took care of. I do not think ANY recovering addict who is passing all their drug screens and doing everything they need to do to stay clean should ever be put into this situation.

I know you’re thinking well he should be working and YES I agree, he should be working. Getting a job when you have a record because of your drug abuse doesn’t put you at the top of anyone’s hiring list. He has been trying and applying. I’ll be the first to say maybe not trying as hard as he should. He did have a medical issue last year that had prevented him from working while getting treatment. It’s also hard to hold a job when you are told to report to court 3x in one week and not knowing when you’ll be done or if you’re being taken out in handcuffs. These are a bunch of excuses I know but when they are all put together they make life impossible.

I am sure that probation officers, judges and D.A’s get frustrated with all the people they deal with. There needs to be another way besides threatening state prison time for money, not a crime, not a relapse but just for money. He was also told if he paid the full amount of his restitution by the end of the day Friday he would be released from probation. So in other words he could “buy” his way out of probation that was supposed to be another 3 years. I’m not a lawyer but I can’t imagine this is legal. Our son did contact a public defender and was told probation and the DA weren’t taking any less than $950 or it was decided he’d go to State Prison for 1 year.

It just scares me to think what someone might consider doing to avoid jail time in this situation. No one should be made to choose between the loss of freedom or getting money in any way possible. It is an impossible choice for someone trying their hardest to stay clean, someone who is doing all the right things for their sobriety. There needs to be another way and I don’t know what that is. Possibly volunteering, park or roadside clean-up but certainly not jail. Give them the opportunity to earn their restitution in a safe and legal way.

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