Any Criminal Defense Attorneys out there.

[Needhelp]

My wifes in trouble. She made a very bad decision. Briefly, she was in a bar playing pull tabs, went to the ladies room and fell asleep, (shes just been diagnosed BI-Polar). She has a very hard time with sleep, going days sometimes without sleep. Anyway, she fell asleep in this bar and awoke at 4;30a.m. She took a fairly large amount of cash, but immediately knew she did a terrible thing, and returned the money within minutes to our local police. She couldn't feel more embarrassed and humilated, and has died a thousand deaths because the County Attorney has decided to charge her with Fellony Theft. Because we have three children under 5 years of age, he has agreed that if she accepts the charge of Fellony Theft, he will stipulate that she do her time under house arrest instead of jail time. The worse part of this is shes on probation for her 2nd DUI.

I know it sounds bad, but the DUI occurred after one drink, she tested the minimum to be charged. Again she fell asleep at a gas station, and thats how she was caught.

Were praying that the Bi-polar diagnosis will help her get her life on a more level playing field. In my opinion, she has absolutely learned her lesson, but this fellony charge is going to follow her all her life. We don't know if we should fight this or accept it. I truly believe she would not live or want to live if she was separated from her children. What do we do?

[Thoughtful]

Your first move should be to retain good counsel, rather than airing it out and giving weight to shirtsleeve opinions on Walleye Central, including mine. Counsel will gather all the facts, consider them in light of the applicable law, and discuss her options with her. I don't mean to belittle the views of the good folks on Walleye Central - however, this is a time when you need firsthand professional advice from counsel (who will endeavor to have all the relevant facts at his/her disposal), and not be second-guessing your counsel based upon comments posted on an internet message board.

[RANGER]

Moreover, airing it out in this, or any public forum, could jeopardize the case!

[Needhelp]

Thoughtfull, your right, we're just damed scarred , and don't know where to turn. We haven't got much money, and no one we've contacted will do a payment plan, and yet we make to much for a public defender. So complicated, we just don't know where to turn.

[RANGER]

What about your church, community center. etc.? Also, in many cities you can consult with an attorney for a very small fee (like $25) through the County BAR Association. At least this simple consultation can help you determine the severity of the situation and links to attornys that might fit your means!

[bigshooter]

never assume that by leveling with any prosecuting attorney that they will give you the benefit of the situation. secondly, never agree to the initial terms they give you, they are trying to scare you into folding. sounds like your wife made some bad choices, however don't let them make an example of you simply because you are trying to make things right. as the others have stated i would seek proffesional legal advise.

[DWI]

3 children under the age of 5 and she has 2 DWI's sorry but I have no sympothy for her. I do, however, feel sorry for the kids.

Wakes up in a bar restroom? Every bar I've ever been in they checked the bat rooms before locking up. Are you sure she was asleep or was she hiding to get to the cash after bar close? I think there is A LOT more to this story then you are telling us or maybe you don't know everything your wife is doing.

Sorry to sound like a jerk but things just don't add up here!

[Lewwey]

Holy crap...quite a story. This one ought to go down with the likes of "how to cure a hemroid", and "my college daughter just called home pregnant", and.....LOL.

Just when I think my life is messed up...thanks for the enlightenment. Hope things work out for you and your wife.

Wouldnt you be a little concerned if your wife hadnt come home all night long? If my wife went to a bar, and didnt come home all night...I would assume she was up to no good. (Wouldnt bother me however, we have a very "open" relationship)

[Advice]

I would say the first thing you should do after hiring an attorney is to get her into a treatment program. A good defense attorney will tell her to go to treatment as well. It shows some initiative and scores points with the judge, not to mention it sounds like she needs it.

Bi-polar and alcoholism are very serious diseases. It's likely that the alcohol is counteracting any meds she may be on for the bi-polar, though that defense would not likely hold up in court.

Don't listen to these people bashing your wife. We all know that everyone has skeletons in their closet. Yes, she has made some serious mistakes but it’s obvious that she needs some help. Be thankful that she has not hurt anyone. Also, consider this a blessing in disguise as it may persuade her to stop drinking.

I'm an alcoholic and have 3 DUI's on my record. Thankfully I never hurt anyone else or myself before I got clean. Since I've been sober, I went on to law school and wouldn't have done it without the support of my family and friends. It sounds like she is lucky to have a loving and supportive husband.

Sorry, but I don't know of a lawyer that will accept any type of payment plan. I always get paid in up front. Trust me when I say that it's too much of a hassle to collect from clients. I was only burnt once.

[ndj ul]

not sure if bi-polar would be enough of a defense, the fact remains that money was taken...

An attorney may not get her off, but it would be worth the $$$ at least to look at some type of plea arrangement

[went522]

I don't think it's the bi polar disorder causing her to fall asleep in bars? I mean she wasn't diagnosed with narcolepsy, let's not confuse the two. Sounds like the booze causing episodes of sleepy. I mean really...HOLY CRAP!! 3 young children at home, 2 dui's, probation, now stealing large amounts of cash? And who knows what else?? How was she planning on getting home that night? DRIVING DRUNK, surely. It seems obvious the penelties for the dui's have done no good, no lessons learned!! What's she going to learn from a little house arrest? I hope the prosecuting attorney throws the book at her and she does some hard time! Sorry pal, tough words but... Feel terrible for the kids!!

I guess I shouldn't even pretend to understand the whole situation but one thing seems clear to me...JAIL TIME!

BIRDDOG

[JJ Mac]

Nothing shuts down sympathy and understanding like the phrase "Alcohol related." When someone gets hurt, killed, a crime committed, etc. and alcohol is involved, it's time to pay.

[Unlogged PO]

Your wife needs to get into AODA treatment ASAP to address alcohol issues first. She needs to get the proper treatment. Not saying she doesn't have some bi-polar, but the events that have led her down this path have all been connected to alcohol. You cannot treat bi-polar without getting the alcohol under control. She most likely needs be get into some In-patient treatment or intense out patient.
The story about falling asleep at the bar, or at the gas station is generally an alcoholics way of passing out. Sleep caused by passing out. Th DUI didn't happen after 1 drink. She would not have registered above the legal limit with one drink unless it was a 24 oz double or triple. She has not learned her lesson as she continues to drink and commit new crimes. The DUI 2nd didn't stop her from making the choice to enter the tavern, steal money and pass out.
Your wife needs to accept she is most likely an alcoholic and CANNOT drink. Your wife needs to start telling the truth and she will not be sober until she does. I find it hard to believe without getting the police report and bar's story about her turning the money in.
The best thing she can do...get into alcohol treatment, mental health eval, and hope her PO doesn't lock her up.

I hope she has the drive to get clean, address her issues, and move on with her life. It's not the end of the world, just an uphill fight for awhile. Her PO might be able to help her get into treatment too.

Why do I think this? I'm a Probation and Parole Officer and see it everyday. Please don't take this post the wrong way as I'm trying to help your situation.

I am registered on this board but have choosen not to login for this reply as I do not generally mix my work with WC.

[jimmy4218 unlogged]

I would agree with the guys on this board- she needs professional help. I would think that if you were to get her into a treatment facility RIGHT NOW that would look good in the eyes of the court and possibly be detrimental in the outcome of your case. Just my .02

[Call AA or BS]

Lets see, she supposedly passed out in a bar and nobody noticed...

Broke into something and stole a large amount of cash (no bar owner I know leaves large amounts of cash in the register or laying around at night).

Has 2 DUI's and is obviously working on a get a 3rd...

Passess out at gas pumps (again, not her fault?)

She's out at bars until 4:30 a.m. (nobody seems to notice she's missing) while you or someone else is watching the kids...

I have to call BS on this whole line you're feeding us.

Either that, or she needs to go to jail because she is certainly no asset to society and will likely kill someone by drunk driving.

Excuse the lack of sympathy but its exceeded only by her lack of responsibility for her own actions. Jail might do her good because her previous run-ins with the law have taught her nothing.

Besides, if she's been in this much trouble already, you should have a good lawyer on speed-dial.

[hgmeyer]

it started by accident. I was 16 and driving home from work about 10pm. I saw a police car on a stop. I recognized my uncle, long ago estranged from.our entire family. I drove to the police station and waited. I got the info and the next morning I took $50 out of my savings and bailed him out. That was the first step. it took many more. but eventually he got clean and straightened out. he lived until 1991. I went to see him shortly before he died. He said my bailing him out did it. Gave him strength to get right. He said it was because somebody still cared.

You never give up on family. No matter what, you help them if you can. You don't excuse bad behavior. You just do not let bad behavior destroy love for a member of your family.

So do whatever it takes to help the mother of your children. Sell the car... Sell the boat... Whatever it takes. Help her get the help she needs. I sense you are already quite capable of loving her unconditionally... that for worse part. I think you forgive her and want to see her get help. Go for it.

BTW my mother was diagnosed as bipolar 30 years ago. Once she got the right meds...that literally took years... she was/is fine. So you and her hjave lots of work ahead but do not give up hope.

I would focus on the supportive posts and leave judgmental decisions to the law. A good lawyer will be a big help. You have a skill or trade, you might barter if you have some way of guaranteeing payment like a lien on a car or boat. Good luck.

[rebelrn unlogged]

GEEZ, some people can sure be mean. You know you are in trouble, are just asking for help and advice. Then they step on you. I'm glad I don't know them. Did you notice most if not all are too chicken to put their real names on their 'advice'? GOOD LUCK

[ffishman]

What kind of bar was she in? Every bar I have ever been in, at closing time, they empty the cash register, and either hide the money, put it in a safe, or take it with them. Something sounds fishy


24 hours in a day, 24 cans in a case, you do the math

[Concerned]

Your hands and plate are full. Get a home equity loan on your house, or sell her car and go seek professional help for a good attorney and medical doctors. You can't let this continue.

The only real losers in your situation are the kids. That's not what a responsible mother does to help raise a family. I realize alcohol is a disease that if left untreated destroys the mind and vital organs of the user, at the same time it destroys the whole family as a unit.

Three kids 5 and under. Next thing you will hear is a story on the news about a mother killing her three kids, or crashed in to a innocent family and kills and maims all of them because her disease was left untreated.

Do you know how many people in this country are jailed because they were caught with a little weed on them? Alcohol by far is more serious in this country than heroin abuse.

Good Luck!

[Pokey Fisherman]

You say you can't afford a attorney, sell stuff! Since your on this web site I will assume you fish. Sell your gear or boat if you have one. If you have cable, cancel it. If you have high speed internet, go back to dialup. (the internet is a very useful tool for research in a time like this) If you have two cars, sell one. These days alot of people figure they can't get along without their toys. If you have family - hit them up. You have to figure out how to get her professional help or it will not get better.

[Let her]

suffer the consequences. A long stint in jail will detox her. You do her, nor your family, no favors by enabling her. Btw, beer joints don't leave money overnight at the bar. Somethings very odd with her/your story. Just how did she come by the money and why did she feel compelled to turn it in, assuming she did.
Bipolar? I've known "bipolars" and it was merely an excuse to cover their drunkeness/bad behaviour.

[Shellback]

The last post used the term "enabler". How right he is. Seems like you have been bailing her out before with 2 DUI's, now this. Maybe it's time for some tough love! Why would you let your wife out to a bar after already having 2 DUI's, why, because you are an enabler. Hate to sound so harsh, but I've seen first hand similar problems with my sister in law and her son. If you keep bailing her out of trouble, she will never pull herself together.

[Thoughtful]

For my $0.02, I couldn't agree more with these comments. Seems to me your head's in the sand if you think somebody gets a dui after one drink, or that she's "learned her lesson" after all of these behaviors, including the one just completed. For me, I think it's very reasonable to take steps to help someone, particularly family, and those steps shouldn't include enabling. I also think it's very reasonable, at some point, to say "enough." Just because someone is family doesn't mean they are entitled to unconditional love forever, and entitled to continue to screw up the lives of those around them. Where that point is, that's for everyone to decide for themselves, but it looks like your wife is well down that road. I'm sure this is a gut-wrenching situation with no win-win solution in sight, and likely more trouble ahead, and it's tragic when children are involved. Counseling for yourself might be useful to get some objective thoughts on how to approach the situation.

[fishunter70]

Story sound's kinda fishy too me....... ( and not walleyes )........

If your wife has been in this much trouble, maybe YOU should get a divorce lawyer . Do your kids and yourself a favor and get out before she takes you down. Sounds like she is trying her best to get you there now. Even if you/she does get a lawyer, when the state gets done with her, the p.o. office will be next in line.

If somthing were too happen to your kids ( her stupidity) you would NEVER be able too forgive YOURSELF, for not taking action sooner. It might hurt you/kids too get out, but it's the best thing too do before it's too late................. Good luck and best wishes.

[strange]

I think there is much more missing from the story. I agree, no bar leaves money laying around or in a register after closing time. I've bartended in the some shabby beer joints, and we always stuck our till money in a safe. And, I find it Odd Mr. "needs help" has not offered any more information or thoughts since the beginning of this thread.

[Perch]

Could be worse..................

check this out http://news.enquirer.com/apps/pbcs.dll/article?AID=/20061012/NEWS01/310120011

[Northern Rugged]

I don't like the line "My wifes in trouble."....I would use the line "we're in trouble".....

[ffishman]

Reading between the lines, I think she hid somewhere and robbed the joint after closing time. When she got home with the money, hubby got bent out of shape. They figured they could not get the money back into the bar, so they concoctced this fish story. Just my 2 cents worth.


24 hours in a day, 24 cans in a case, you do the math

[Illini Bill]

I think that we need to hear something from "Needhelp" by tomorrow or let's dust this thread and move on. Anything that can be said to help has been said. Now it's up to them.

[Kubota kid]

Alcohol is NOT a disease in spite of what the liberals tell you. A disease is caused by a bacteria or a virus or is heriditary. When was the last time you caught the alcohol disease and it made you want to go out and drink a bottle of Jack Daniels. Not in my lifetime, dude. IT is always considered a disease if you or one of your friends do something stupid when you get drunk. The the rest of us just consider you a PLAIN old drunk and no disease in the world MAKES you lift a bottle or glass to get snockered. If you are a famous drunk you get the treament center named after you as in the case of Drunkard Betty Ford. If you are not so famous, you just get thrown in jail with Big Bubba.