With the passing of our good friend Joe this past week, a true mentor, friend and all around great person, I have a bit of good (er…cough…er…cough) news of my own to be sharing.
Now the passing of Joe in no way lightens my load, nor does it make my burdens any greater then his and his families, they are near unimaginable for anybody who has not los a love one or family member ore even a close friend, weather virtual friend via the internet or other forms of social and non social medial of the signs of todays times.
Joe, you will bemused, but never forgotten for your father like, friend like, mentor like and all around good average Joe.
I hate to do this at such a time, but I have a little raining on the parade so to speak.
Last week March, I got the first draft of my plea agreement, and although it was not what we asked for (or even close in my book), there were some glaring errors, which bought some time for them to correct, and the original date of April 8 by close of business for me to sign the plea agreement got extended to the 15th of April.
Mostly the glaring mistakes were about the factual evidence (what I have to plead guilty to in a court of law), based on how it was worded, it would have left me perjuring myself had I went ahead with the plea agreement and plead guilty to what they had originally wrote.
There were other technical issues that my Lawyer requested, since she knows the judge and how he operates, and had they not put in specific language, it is likely he would have not accepted the plea agreement, leaving me going to a grand trial, and had me most likely serving a 20 year min term. I must add this is a Federal charge, and there is no such thing as Parole in federal prison. It doesn’t mean you end up serving the total time, but you do not get to come up for parole every few years.
Well, we got the amended plea agreement on Monday, and after reviewing it with my Lawyer on Tuesday, and taking yesterday to read thru it carefully, I had additional questions based on some of the evidence (evidence I am not aloud to have a copy of and can only ever review it with her), so we had another meeting today, so we could review the text evidence (what the case pretty much solely relies upon, and after the meeting I was satisfied with how they worded the plea agreement, and went ahead and signed it.
I can say that it was the hardest signature I have ever had to sign, and Have felt sick pretty much all day long.
The good news. Due to my cooperation, and taking a plea, and not forcing a grand jury trial, they dropped my original charge (which is not really true, but they have my hands tied) to a much lesser charge, so that is the good news.
The bad news is, my Lawyer tried to get them to offer a deal that had no floor on it, meaning that the prosecution would not object to me and my lawyer to plead for a reduced sentence, hopefully the minimum., but the prosecution couldn’t do that (not for lack of trying, they actually tried to get that pushed thru, but the office of the USAO (United States Attorney Office) or something like that stranded firm on the position that they will not offer no floor pleas when somebody overdosed. So even tho my charge was dropped to possession with intent, they are still considering that somebody who’ I helped to obtain drugs thru my supplier died, they can not offer a floor below 60 months., but they are also mandating because of the overdose death (which I was not around, and only made an introduction to the person selling the drugs), they will not offer an offense level below 38 (35 because it automatically drops 3 levels due cooperation thru the plea agreement.
Sentencing guidelines(which the judge must consider, weather they use them or not) has offense level 35 (with no prior convictions, no prior possessions, sales, or so much as a duI), keep me at 38. trust, had I had any sort of a record it could have Gond as high as 70 something.
well, sentencing guidelines for 35 is 18 to 210 months imprisonment. (9-17.5 year). And thats not the worst of it, in the plea agreement it defines the max fine as 20 years in prison and the minimum as 3 years supervised release.
The minimum would be awesome, but highly unlikely. The prosecuting attorneys are not recommending the maximum, or even what is imposed in the sentencing guidelines, they are seeking 5 years (60 Months).
Whats good about that, I have no violent charges, so I will not go to a level 3 or higher prison, more like a 1 or 2, and its Federal, so it is more like white collar criminals, and I don’t have to fight for my food and everything I turn around.
What sucks is I am highly claustrophobic,and it is going to suck big time.and worse off, no basses, at least not mine, it is likely they have instruments to play there, and even other people to play with, maybe I get a band together.
Also, as. my lawyer explains it, if I get a 5 year senate (remember this is completely up to the judge to hand down a fair and just punishment, and they could give me 3 years probation, or 2 years in prison, or go the other way and give me 20 years, I won’t know til sentencing which could still be 8-12 years away from here. There are a lot of factors. My age, my health, the fact I-have no priors, the fact I have been on bond for over a year and have not committed any crimes, I always drug test clean, I have good reports from my PO and anybody who has to deal with me, etc… The Pre trial probation, and probation can also factor in the fact I am not a threat and recommend less time then what the Federal attorneys are seeking, so there are lots of IFF"S and they are all driving me a little bat shit crazy. in one sense, I just want to know, on the other hand, I am scared to death to know.
So anyway, I signed the Plea today, and I await for my lawyer to tell me when I need to show up for court to plead guilty to the lesser charges in the plea.
Then we wait for the sentencing court date (which I guess we can push back quite a while if we want to), at which time I will get sentenced. I should be given a self surrender date, somewhat mutually agreed upon so that I can get all my affairs in order, and get ready to serve my time.
Hopefully not more than 5 years, hopefully way less.
Either way, as my lawyer explains it.
Suppose I get 5 years.
1 year will drop off automatically since I did the plea deal
So thats 4 years.
Inside there is a program called ADAC or something like this (Alcohol and Drug Counseling). (no big deal, I live that anyway) and if I complete 6 months or so of that, another year drops off, so that puts me at 2 years
I will likely get out ofter 6 months, so even with a 5 year sentence, it is likely I do 2 max.
I am still hoping for the min and 3 years of probation, but I have to be realistic, and plan for the US attorney’s to get their way and end up with 5, which I hopefully only serve 2 or less.
This charge is from October 2018. This happened 1 year before I turned myself into drug rehab for the 2nd and final time and have been clean since.
I didn’t even find out doubt this charge of the investigation into me until I was at least 5 months in treatment,living in inpatient drug and alcohol rehab.
Ain’t life a bitch.