The Blind Face of Addiction

Did the death of Amy Winehouse cause you to think that addiction does not know its user?

Addiction doesn't discriminate against  race, gender or wealth. It affects everyone. Celebrities struggle with addiction. Musicians have tragically become members of  the '27 Club'. Unlike many others, they have the wealth and resources to receive what many would call "the best help there is". However, addiction is not overcome by wealth. It is only persuaded when the user chooses help.

People die every day from addiction. We only hear about the celebrities. We don't hear about women who work the street, die on the street, either from violence or the addiction. Surprisingly, incarcerated women have higher drug use than incarcerated men. Men are affected also; imprisonment for drug offenses is the most common charge among men.

News shows follow the downward spiral of  the celebrity- show the videos, the crazy behavior and pay people for the uncensored shot of the celebrity. We even have reality TV to document the addiction. Most people don't get this attention. Addicts live in an very isolated world. If they don't get help, they end up on the street, in jail or dead. Addiction rarely finds the grey area.

Those who know an addict share something in common. Russell Brand, no stranger to addiction himself, summed it up well in his own blog:

When you love someone who suffers from the disease of addiction you await the phone call. There will be a phone call. We all know drunks and junkies and they all need help and the help is out there. All they have to do is pick up the phone and make the call. Or not. Either way, there will be a phone call. 

It is an great post. Worth a read.

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The Cost of Drugs

Anyone who has faced addiction understands the control it takes over your life. Anyone who watched their friend or family member spiral out of control realizes they have little, if any, control over the addict. My perspective on addiction changed dramatically when I become involved in the drug and DWI courts as a prosecutor in California. The process was very collaborative and similar to how juvenile courts operate  in Mecklenburg County. The prosecutor, defense attorney, judge and the counseling staff would meet and discuss the participants on a weekly basis. It is very unusual for a prosecutor to have access to just about every detail of a defendant's life. I witnessed how drug or alcohol controlled the person's life. Simple things like getting to an appointment on time were challenging. For the majority of people, the program worked.

Mecklenburg County drug court is facing a budget cut. The program is on the chopping block. As of Friday, Mecklenburg County commissioners were trying to find a solution that would prevent this. Statistics show drug courts work.  For those who like numbers- the cost of drug court is less than incarceration and the recidivism rate for drug court graduates is substantially lower. This is not a program that we can afford to loose.


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When You Shouldn't Call 911

A criminal defense lawyer receives a variety of phone calls asking for legal advice. Some are legitimate, some are not.  Courtesy of Simple Justice, watch the video below . The man calls 911 to ask what the punishment would be for growing marijuana. When asked by the 911 operator if the call was life threatening or a crime was in progress, the caller replied "crime in progress". Although marijuana plants are slow growing, the crime could literally be viewed as a 'crime in progress'. Surprisingly, the 911 operator actually answered the question and responded "depends on how big the plant is." Call a defense lawyer, not 911 for legal advice. Robert Michelson will be needing one now. He will likely face charges for misuse of 911 systems as well as other drug charges.


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Montel Needs A Lawyer!

The debate over whether marijuana should be legalized hit the news today when talk show host Montel Williams was cited for taking a marijuana pipe through security at a airport in Milwaukee. Williams suffers from multiple sclerosis and has been very vocal about his use of marijuana to ease the pain.

Mecklenburg County has hundreds of possession of drug paraphernalia cases working their way through the court system. Some believe marijuana is a gateway drug to other crimes. Some believe it should be legalized for medicinal purposes only. However, the business of marijuana is complicated.  Some people believe for the sake of economical efficiency, it should be legalized.

One thing is clear- drug cases are rarely straightforward. Each case is different, every person has a story. Before a person goes to court on a drug paraphernalia case or marijuana possession case, they should speak to a criminal defense attorney.

Legal Updates provided by The Law Office of Carilyn Ibsen PLLC (888)543-2427

Marijuana Possession Case..Up in Smoke?

I was in court recently waiting for my case to be heard and watched an interesting misdemeanor trial. It was a marijuana possession case where a respected Mecklenburg County defense attorney was contesting the fact that a substance found in a vehicle was actually marijuana. In Mecklenburg County, a substance seized by the police can take a year to be analyzed by the crime lab. There are far too many cases to test every substance seized by the police. In this case, the state prosecutor was relying on the officers training and experience to testify that the substance seized was actually marijuana. Is that enough? A Marijuana Possession Case..Up in Smoke?

Under the evidence code, all evidence introduced at trial must meet foundational requirements. An officer will testify in a marijuana possession case that he/she found a substance believed to be marijuana. However, before this statement is admissible, the witness must convince the court that they have enough experience to testify that the substance is actually marijuana. Recently, there have been a series of cases handed down by the appellate courts finding that an officer's testimony is not enough to prove a substance is actually an illegal substance- Alyson Grine of the UNC school of government does a great job with this summary.

The defendant in the above case was found not guilty. The prosecutions case was also weakened by the fact that the marijuana was found in the backseat of the car and the defendant was the driver.