Sunday, September 21, 2014

"I got time served!" by Wesley

9/12/2014

On Friday, another young man came back from court saying, "I got time served!"  he is a veteran that returned from his combat service overseas with a drug habit.  His life has crumbled; he's no longer in the service, his wife split with him over his inability to stop using meth, he's homeless, and now, he is a convicted felon.

He was a perfect candidate for State funded Veteran's Court (VC).  The VC takes into consideration a persons service related conditions that may contribute to substance abuse and treats them for substance abuse and related mental health conditions.  The VC representative came to interview him and told him he was being recommended for the program.

But when he went to court, the ADA and his Court appointed attorney conferred and offered him a deal: plead guilty to the felony, and the state will punish him like a misdemeanor (Tex P.C. 12.44A) let him go home today.

It is an offer few can resist.  In fact, in the tank I have lived in for over a month, nearly every day someone comes back from court saying the magic words; "I got time served."

Those words are not magical, they are hateful.  The signify a shift in that person's life that can be monumentally bad.  They are now convicted felons because they have drug problems.

That young man is homeless, and because he is a convicted felon he will not be able to rent an apartment.  He will also be turned away from most jobs of any worth.  He has become part of an underclass with little hope of escaping poverty and a life of harassment by the police and repeated incarceration for ever minor offenses.

For example, if he's pulled over for a traffic offense, a cop can and will place him under arrest for any traffic offense (other than speeding) just to have the ability to search because of his past.

Before he went, I talked to him about the trap of "time served".  He admitted he wanted treatment, that he knew he had a problem.  He wanted to avoid a felony conviction.  There are 2 ways: deferred prosecution and deferred adjudication.  Both were provided by the legislature to provide an avenue to prosecutors to give first offender, non violent drug offenders, a chance to avoid a felony conviction and all the negative implications that follow.

But too often, in counties like this one, prosecutors are less interested in justice and more interested in felony convictions.

And the insatiable man of the prison industrial complex continues to be fed by the State.


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