Pearls of Wisdom and Foolish Mutterings

The Grinch Stole Christmas

This Christmas wasn't the best I've ever had, nor was it the worst. But it leaned enough toward the not-so-great side that it left me aching to call my mom and be the kid with the scraped knee who needs a band-aid and a quick hug. But, of course, I can't call my mom. February of 2010 will be the fourth anniversary of her death. She never really was much of a nurturing type, but she did have her moments. And this year, I needed one of those moments. If only.

My beautiful boy, my eldest son who is all of twenty-five and still struggling to find his way, spent Christmas in jail. He has been there since December 8, two days after he went hunting with his father and experienced one of the biggest highs of his life when he shot his first deer - an eight-point buck. It has been a long time since I've seen him that excited about anything. His dad said he spent the whole trip home calling his friends to regale them with stories of his hunting trip and his trophy, the eight-point buck. It was the high point of his year, without a doubt.

Two days later, he went to work where he was greeted by an undercover cop who was there to arrest him. He called me.

"Mom, I'm going to jail."

My heart stopped. I knew what this was all about, but we had both foolishly believed that common sense had somehow prevailed in the Texas justice system. I knew better than to think that, but hope springs eternal and all that rot. I know by this time, you're wishing I would get on with it and tell you the nuts and bolts of why he is in jail. I will indeed do just that, but first, bear with me while I give you some history.

Two-and-one-half years ago, my brilliant, beautiful son was in full self-destruct mode when he racked up two DWIs and a drug charge in two months time. Thousands of dollars and several attorneys later, he emerged with a four-month-long stint in rehab and three-years probation. Part of his probation included paying a hefty surcharge to the state for his driving privileges. The first year was rough, the second year he began making progress and over the last six months, I've seen him begin to make strides toward responsibility and maturity. He has been working full-time and has once again allowed himself to become close to us, his family.

Then, he missed a surcharge payment to the state. God forbid. Although he has made his payments faithfully for 2 1/2 years, he forgot to make his payment in November. He was pulled over on a routine traffic stop, the cop ran his license and when it came back as "invalid", she took him to jail. He called me, I bailed him out of jail and he paid off his surcharge online the next day to the tune of almost $900. His license was reinstated. He went to his probation officer, told her what had happened; she assured him there was no reason to worry. Eight days later, the court filed a motion to revoke his probation and he was arrested at work.

My husband and I hired a lawyer to represent him. The charge for driving while license invalid was dismissed, but the motion to revoke his probation was a different matter. The motion contained such atrocities as failing to maintain financial responsibility (a job) during May, June, July and August of 2008 (coincidentally, this was the 4 months he spent in court-ordered in-house rehab... hmmmm), being behind on his court-ordered community service (he has completed only 100 of the assessed 200 hours) and owing $12.00 in fees. The judge's initial response to the motion was to send him to prison for 4 years. Yep. That's right. Apparently, part of the reason our prisons in Texas are full-to-overflowing is because our judicial system stays right on top of those committing heinous crimes such as being behind on community service and failing to make <b>one</b> state-imposed monthly surcharge payment in the amount of $89.00. Yep, we're serious about controlling crime here in Texas. Sure enough.

The lawyer managed to get the judge to agree to 45 days in Harris County jail and reinstatement of his probation with an additional year tacked on. We all breathed a heavy sigh of relief that my son would not be going to prison. Oh, and the judge who wanted to send him to prison for four years? He's been in the news lately because he has a proclivity for imposing an order for the installation of an Interlock breathalyzer in the cars of those who have the misfortune to come through his court. The interesting part is that the judge conveniently owns an Interlock breathalyzer installation business, which of course is the ONE he directs them to in his order. Yes-sirree, we are tough on crime in Texas.

I've always been proud to be a Texan - until now. Something's rotten in the state of Texas.