Psm
sorry this has happened.I hope ir doesnt make things worse for you.
Things wouuld be simp;er and we would spend more time wirrying about other things.
Praying that ball will work out for you.

Pam, I am so sorry you are having to go thru this. Keeping you and your family in my thoughts and prayers.

Oh Pam, I know how scary this is because I have been there. Like your son, it was months before he went to court, and in those months he had been doing so much better, and I was afraid of a relapse.

In our situation, I found my son's probation officers (unfortunately he's had 3 now for different violations in different courts) to be allies. Since I had to drive my son to his probation meetings, I always went in with him. It just wasn't an option, or he'd have to find his own way there, which he couldn't. I made sure I explained everything to the POs, and they were very aware of my son's bi. They never excused the behavior, yet they were on his side in explaining the mitigating circumstances.

Now in your son's case, you have the direct evidence -- 2 Rx bottles -- which you can show the PO. The PO is the one who presents the case to the judge. Also, a recently closed ramp for someone with bi can be problematic. Routines and structure and all that.

I really do not think your son is looking at either jail time or work release, as long as you can get the PO on your side. Hopefully you have already developed a good relationship with the PO, and if you haven't yet, start doing so immediately. This is an important person to have on your side.

I wish you all the best. Like yours, my son was nowhere near being a felon before bi. As I explained in a special education to all of his teachers because his behavior was so ridiculous inappropriate upon return to school after his accident, my son was in trouble in school exactly 3 times in his life: in kindergarten for saying he was going to bring what he thought was a 'gun' to school to show to a friend (a rubber bow and error); in 4th grade for throwing gummy bears on the bus, and in 8th grade for acting like a goofball during graduation rehearsal. A year after his accident he's saying things like "Somebody oughta kill that b*tch" to his chemistry teacher, and he's getting arrested for many things -- including a felony, (which thankfully was reduced to a lesser charge.) So very sad to see our kids change in such a dramatic way, through no fault of their own.

I am so happy to hear that your son has been doing well, and for several months now -- that's terrific! This, too, should work in his favor as he goes in front of the judge today.

Wishing you all the best. Please let us know how things work out -

Many hugs,
HayMom

Do they know your son has a TBI? It sounds to me like an unfortunate situation...he got confused like a person with a TBI would in making the turn. And the medication should be able to be confirmed why he had it. I don't think jail time is right and if they give him work release, there should be some documentation that states his migraines could 'put him down' for awhile. I don't know how the system works and my husband could not drive after his tbi, so he didn't get any violations(I'm sure he would have if he did try to drive), but my husband has a LOT of reports that back up his injury...this is a situation I would use whatever you had to try to get them to understand your son's injury. Keeping your son & you in my prayers!

Wait -- wait -- I just reread your post and saw that your son reports to *jail* today. Does that mean he has already gone before the court? Now I am confused. . . Oh, I so hope you meant court and not jail. The absolute last possible place a brain-injured person should be is in jail. They are entirely too impressionable to be with a population of people who will lead them further astray.

Ohmigod, ohmigod, ohmigod -- please don't let this happen. I'm now praying for you, too.

Hugs,
HayMom

He has gone to court for one infraction and then he will be off to court for his DUI charge. They are and have charged him with a probation violation. The DUI charge now goes to traffic court.
I wish he had a regular probation officer but he does not.....they have changed about 4 times on him. He was told after court last week to report to probation, so he did and they could not figure out why he was there. They are not concerned with him.........too low on the so called totem pole and not worried about him. I believe that they feel he was driving impaired from his medication and that is something they can and probably will charge him with. No way to prove otherwise at this point. But I think I fogot to mention that he had a friends (aka POS, if you get my drift)) with him, he had a oxycotin pill in his backpack. He says it is not his backpack....therefore it must be my sons. Whatever at this point, we need to just get it over with. Maybe it is kind of a blessing....maybe he has learned something ......only time will tell.
We have no control of what the jail people are going to do.........work release or serve 60 days ?!
I agree not the best place for him for many reasons, no medication given, in contact with douche bags and he will probably have a huge anxiety attack. Last time he was in jail the judge ordered he get his medications.......that did not happen because the jail does not believe what his doctor says and have a doctor talk with you via video phone. So during this 5 minute phone consult the doctor determined that son did not need his medication. But on the other hand if son did not really explain that he has had a TBI and has alot of issues from that then I can not blame the doctor either.
The system is not a good one, I feel it just sets most up for failure. Law enforcement people dont care either. I will know more later today. If he is lucky he will skate by on his charm. :)


hugs....pam

Holy camoly! can you really get a DUI for having a pill bottle on you? Did they test his blood to prove he was under the influence? This sounds rediculous to me but then this is something I've never had to deal with. I am praying for you as I type. Please let us know more when you can.

I guess if they assume that you are on something then you can be charged. There are no actual levels in blood test that they use to say you are high on your rxed meds or not. But since he was presenting wired then he will get some kind of charge. We he gets excited he does not shut up, he gets wild eyed and looks wired up. Hopefully the judge goes easy on him. Time will tell !

I am so sorry. I sent you a pm.

Well he went to report to the jail at noon. It is now 7:45 pm and he still is in the holding cell.......no work release info yet or anything. This is really crap.

,Praying strength and patience for your family, wisdom and compassion for the decision makers.

Any news, Pam? You must be an absolute wreck. I am with you in spirit, but I wish I could do more!

Hugs,
HayMom

praying

Well he finally got out after 1am this morning.........He has to go back next Wednesday to discuss what/where he will be doing his work release. Why could they not do that when they had him for 13 hours ? Man our system is so screwed up it is nuts. Oh and he had to pay $125.00 booking fees to even get let out last night. Thank god for charge cards! So if he did not have anyone to help him they would have keep him ???? Not sure but sounds like extortion to me. My husband joked that is it a good thing he has been being good otherwise he would have left him. LOL Anyways all this for a probation violation. Funny our jail let out a 4 time felon after he stole a car and evaded the cops....he was only in for about 2 hours. Go figure!
I think that between my husband and I we are going to either meet or write to our District Attorney, we are tired of all the crap that has gone on. Giving that my sons circumstances have been caused by there office I think that they need an ear full! There is so much more to our story as you can imagine from his assault that I could write a novel. A definite miscarriage of justice !

hugs...pam

Pam,
This is so unfair! You might want to consider an actual face-to-face meeting w/the DA. So, I would schedule an appt asap. I feel that when you meet w/someone face-to-face, they actually have to listen and deal w/your issues. Maybe some documentation of your son's injury could be presented too.

I sure hope this gets resolved . . . jail is not the place for him.