Person on probation for posession with intent, 14 months clean, came up positive for cocaine. Court date 11/30, facing 13 year suspended sentence.
2006-10-20 12:34:22 · 19 answers · asked by zipmark 1 in Politics & Government ➔ Law Enforcement & Police
Client has 13 year suspended sentence for possession with intent, 14 month history clean UAs until today (+ cocaine). He has a lawyer, back in treatment, and PO will not recommend jail. Is there anything else he or concerned community can do?
2006-10-20 12:47:40 · update #1
I highly doubt that he'll have anything else to worry about. The judge won't throw someone in jail for their first relapse. He/She may order that the person get additional treatment. Also, if their PO isn't recommending to revoke probation, and that the person serve a period of incarceration then there's nothing to worry about. Most judges take the recommendation of the probation officer (except for one judge who totally ignores my recommendations, and does what he wants...i swear he's going to get me murdered by one of my offenders some day).
Also, if the person is currently in treatment, then that's great for their case. I only revoke someone's probation for a positive UA if they consistently test positive, and haven't entered treatment. I'll give a person about 1.5 to 2 months to get it together...if they're not making any progress by then/or at least trying...then i'm sending them back. I tell my offenders to get back into treatment befor their violation hearing, and I'll also encourage them to stay clean, and continue to take UA's from them until the hearing. Sometimes I'll even ask the judge to continue them on probation b/c they're doing so well, and trying to stay clean.
Judges and probation officers know that people relapse all the time...its even expected. If its the first violation then he'll probably be okay. He just can't slip up anymore, or he may have his probation revoked, and serve the back up time.
2006-10-20 15:34:04 · answer #1 · answered by tangyterp83 6 · 0⤊ 0⤋
Being that there is a 14-month history of clean UA, and since the person is back in treatment and because the PO isn't recommending execution of the original sentence, there will likely be some added penalty or added time on to the probation period as a reminder that a probation violation has taken place......but ultimately it is up to the judge to revoke probation or allow the person to stay out of prison.. If their entire probation record is exemplary and this is the first slip-up, they stand a good chance of being kept out of prison for this, but if it happens again.......likely will do the stayed time.
2006-10-21 10:24:10 · answer #2 · answered by ? 6 · 1⤊ 0⤋
unfortunately no lawyer can help you out of this situation due to the fact that you are under probation and as such do not have the rights generally afforded to those who have not been convicted nor sentenced . you agreed to the terms of your probation when you put your signature on your probation papers therefore you are bound by those terms . the best advise I can give you is if confronted by your probation officer with regard to a positive drug test be honest and admit to your indiscretions and with the most degree of sincerity that you can muster up assure your P.O. that it will never happen again . Most P.O.s will cut you some slack on a first dirty test but only if you own up to it and not try to bull sheit them . Just remember that they see hundreds of people with just about every excuse under the sun for why they failed a drug test . Good luck hope it works out for you.
2006-10-20 12:59:06 · answer #3 · answered by daizzddre 4 · 1⤊ 0⤋
Personally I think a lot of jail space is wasted on addicts. Treatment is best really. The reality is jail. The rules to the game are clear from the outset.
2006-10-20 15:26:47 · answer #4 · answered by mary texas 4 · 0⤊ 0⤋
He shouldn't walk in there without a very good attorney. I'm talking an almost overqualified attorney...and even with that I don't see much else that can be done. Cocaine? He NEEDS jail time.
2006-10-20 13:40:48 · answer #5 · answered by just me 4 · 0⤊ 0⤋
Contact a lawyer right away. He/she will best know how to minimize this problem under the law for the area where you live.
If you have made a mistake (and the positive is accurate) please take this as a lesson and get help. Getting help for your problem looks good to any judge. Best to do it before getting caught of course. Either way, contact a lawer now.
2006-10-20 12:40:42 · answer #6 · answered by Poli Sci / Law Prof 2 · 0⤊ 1⤋
Bend over and kiss it good bye. To have so little regard for your own well being and disrespect for the law. Tough. Pay the price and get help.
2006-10-20 13:21:24 · answer #7 · answered by Ranger473 4 · 1⤊ 0⤋
the person is -well- not very likely to stay on probation. third person writing normally flags the author. FYI
2006-10-20 15:59:07 · answer #8 · answered by Anonymous · 0⤊ 0⤋
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2016-10-15 06:03:47 · answer #9 · answered by ? 4 · 0⤊ 0⤋
Get a good Lawyer and pray. Good Luck.
2006-10-20 12:42:18 · answer #10 · answered by KT 3 · 0⤊ 1⤋