my situation started when i had my car parked in front of my friend's house waiting (im 18 and this happened in so. cali). A neighbor called tha cops on me because i looked suspicious, and this took place around 1am on a sat. i had 2 other friends in my car when 2 cop cars came around the corner and did the usual "step out of the car" procedure and found some weed in my pocket. At the end of the night i was charged with a misdemeanor of "possession of marijuana" (less than 1 oz) and i have to go to court soon. But i was on probation from "deferred entry of judgement" of burgulary while this was happening, i didnt tell the officer that though.
((How is this looking for me?))
((would they know that im on probation when i go to court?, because i heard nothing had touched my record yet))
((and if it does violate my probation what would happen to me?))
((and if it doesnt violate my probation what would happen to me?))
all answers are greatly appreciated, and i kno i screwed
2006-11-12 17:49:54 · 9 answers · asked by jwajin3408 1 in Politics & Government ➔ Law Enforcement & Police
the officer didnt know i had a prior record or was placed under probation at the scene, thats what im most confused about, is he supposed to know by looking me up in tha computer thing in his car? and if he didnt know would that mean the court would for sure?
2006-11-13 17:52:37 · update #1
When you were originally placed on probation (or deferred adjudication) you should have received a probation agreement package that you signed. It contains the conditions of your probation. You will have to read it for your individual conditions but generally being arrested for anything (speeding tickets included) will be a violation of your probation.
Once you have committed an act that violates your probation the judge has the option of reinstating the suspended sentence that you were on probation to avoid. If your original sentence was two years than you could go to jail for the full two years. It usually doesn't come down to that but you need to be proactive. Your probation officer will not be happy if he has been signing off that your monthly visits are all good and then he finds out that you have another offense that he was unaware of. Your probation officer can be your best friend or worst enemy. The judge will usually rubber stamp whatever he says needs to be done.
Bite the bullet and call your probation officer.
2006-11-13 01:34:28 · answer #1 · answered by Cain 3 · 0⤊ 0⤋
I am not an expert on this, but here is what I think:
They WILL know that you are on probation when you will go to court. Because you are on probation, you DO have a record and it is accessible by the court and by the police. I am very surprised the police didn't access your record while searching you. If they did, you would have been arrested.
I think the possession of marijuana violates your probation. In the worst case scenario, because of that, you will go to jail for burglary (your previous charge). And the "possession of marijuana" will be just left as it is - the misdemeanor charge.
2006-11-12 18:11:15 · answer #2 · answered by OC 7 · 0⤊ 0⤋
relies upon on what state you're in. i could advise admitting your relapse only before the end results of a grimy UA, as this could coach you have a real want for honesty and a willingness to get & stay clean. In Texas there's a State administered software it is area of the penal equipment yet isn't ran like a detention center. this is extremely ran greater as a scientific care equipment with some Boot Camp kind regiment. Addicts desire concentration and a militia kind boot camp software is somewhat suitable to rehabilitation. the desire to provide up is the only situation to truly acheive a drug loose existence and that's a relentless conflict. in case you have had a grimy UA and are only attempting to pass revocation of probation and detention center, solid success. i decide to advise traveling with your probation officer and soliciting for help.
2016-10-22 00:07:30 · answer #3 · answered by saggio 4 · 0⤊ 0⤋
It's not up to me to find out if you are on probation. That's the Prosecutors job. Yes, they will know about the earlier adjudication of burglary. You may find yourself being sentenced for both now. I agree, you really messed up big on this one. Oh, 1am and in a car with 2 friends sitting on the street, WAY suspicious!!
2006-11-12 22:11:20 · answer #4 · answered by spag 4 · 0⤊ 0⤋
The police might dig into your records and could find you violating the probation. Thus, they can use it as an aggravating circumstance over and above the ongoing case for possession of drugs.
2006-11-12 17:55:58 · answer #5 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
To answer your question in one simple word....
Yes
You are in violation or probation ANYTIME you break the law while on probation. Especailly this applies when sex crimes, violence or drugs are involved.
You better find an attorney
2006-11-12 18:03:43 · answer #6 · answered by thesandman6778 1 · 0⤊ 0⤋
I dunno about cali, but in this state you'd have been required to inform the officer of your probation status, so not telling him would be a violation on its own.
Now you know what they mean when they say pot screws ya up. Enjoy your stay in jail. don't drop the soap.
2006-11-12 18:05:46 · answer #7 · answered by GuZZiZZit 5 · 0⤊ 0⤋
What part of probation did you fail to understand? Yes you are in rather deep doo doo.
2006-11-12 18:00:59 · answer #8 · answered by Norton N 5 · 0⤊ 0⤋
you already have your answer. the officer will find out that you had a prior record.
2006-11-12 17:53:46 · answer #9 · answered by Anonymous · 0⤊ 0⤋