No more drug farm pleas unless D scores non-state. That’s a bunch of crap. I heard it’s the new policy of Michale McAuliffe – our newly elected state attorney. Anyone else confirm this?
Drug farm has very low recidivism rates. If the addict doesn’t get the help he/she needs, they will be right back in the system. The drug farm actually addresses the real problem – substance abuse – and actually lowers crime rates in the long term. It’s cheaper to keep her, as the song goes. Keep the drug farm even for cats that score prison. Take a burglary of a dwelling – guy goes in a house and steals a playstation to pawn to feed his addiction. No priors. He’s going to score prison.
Let’s get real here.
The guys that score non-state aren’t going to accept drug farm anyway. They’ll do less time taking a non-state plea and get gain time – with no probation.
Drug farm entails years on probation. If the client does everything right in long track drug farm (which is very rare indeed), they may get released in a year. Then there’s after-care and the half-way house. Before you know it, D has been on probation for a couple of years. If they screw up on probation, they’re going to the big house.
This “policy” if it is in fact a policy of the State Attorney’s office, needs to change pronto.
Grey Tesh is a board certified criminal trial lawyer in West Palm Beach, Florida. http://www.aaacriminaldefense.com
Hello Gary and thanks for blogging about this. I have a question for you if you would be so kind as to provide a response. My son is currently in the stockade. He is awaiting a trial. He has a drug addiction and has been part of the system previously.
He was part of the drug court, did not complete it and violated his probation. Eventually
took a plea withholding adjudication and went into 60 day residential at CARP and then a halfway house. He completed the 60 days residential but within a couple weeks at the halfway house was back on the crap and was thrown out and violated probation. He then was given another chance and went to the fern house but again within days was back on the crap and violated again. As a result he has 1 prior felony conviction.
Anyway currently he is in the stockade because he allegedly stole some things from his grandmother and sold them to a pawn shop. He is facing 3 new felony charges. He has trial date of July 23, 2009 and my mom who is the victim is not going to testify, therefore the charges will be dropped and he will walk next month.
I spoke with the states attorney and informed him of this fact and attempted to work out a plea arrangement not so much for the criminal aspect of this matter but to attempt to get my son help. The states attorney is willing to offer a plea of short track drug farm, 4 months halfway house and 24 months probation. One problem here is because my son is already a convicted felon the states attorney has to get a guilty plea for at least 1 more felony charge here.
My son is not so keen on the idea of drug farm and being a part of the system. He admits his drug addiction problem and claims once out he would immediately go to CARP and try to get back into residential treatment there. He is really against the drug farm and is not convinced it will help him and feels being part of the system for another 2 years is detrimental.
Anyway I am leading my son to believe his grandmother is coming to testify against him and pretty much have convinced him that taking the drug farm plea is his better option because he will lose at trial and face jail time as a result.
Now I am second guessing this strategy. I figured someone like you knows the system and the drug farm a lot better then I do. My question to you is as follows.
As far as the total picture including trying to get my son accept and partake in the help he needs should I continue with the strategy of having him accept the please to drug farm, or should I tell him not to take any please knowing the charges will be dropped and he will walk out and the trial will never go down.
Again I appreciate your time and response.