Drug Crimes, Substance Abuse Probation Violation

[question77]

My brother was put on probation because his friend's car while his friend was doing a drug exchange (my brother had no idea and was sitting in the car playing games on his phone) so he was getting tested every week for drinking and everything else, and yesterday he was in the car with another friend, and his friend was driving and they both had drank, and so they got stopped, and arrested for the night. His friend was released this morning (the one who was driving) and since my brother violated his probation he was not released. What are possible outcomes in his case, because he violated his probation?

 

[CdwJava]

To be clear, he was NOT put on probation for sitting in the car, he was put on probation for somehow participating in the transportation, possession, and/or sales of controlled substances.

As for what will happen as a result of the probation violation, no one can say for sure. It is likely his previous crime will be reconstituted and he will face the full potential penalty for that offense PLUS any penalty for the underlying probation violation (if any).

He should speak to his attorney

 

[raskalnikov]

Possible outcomes vary wildly by region.

Most likely amount of drug testing will increase in frequency. He may be forced to attend AA meetings. He may have to do/re-do Outpatient therapy. He'll likely have to pay a fine. He may have to do weekends in jail or longer, especially if he doesn't have a job and/or isn't in school.

 

[mightymoose]

I highly doubt your brother was unaware of the drug exchange. That just makes no sense at all.

 

[army judge]

My brother was put on probation because his friend's car while his friend was doing a drug exchange (my brother had no idea and was sitting in the car playing games on his phone) so he was getting tested every week for drinking and everything else, and yesterday he was in the car with another friend, and his friend was driving and they both had drank, and so they got stopped, and arrested for the night. His friend was released this morning (the one who was driving) and since my brother violated his probation he was not released. What are possible outcomes in his case, because he violated his probation?

The frequency of his recent interactions with the police and their illicit nature cause his continued probation to be in serious jeopardy.

He could get revoked this time.

If he is, he might end up doing some time in the slammer!


He needs a lawyer.

He should retain his own or ask for a court appointed one, if he is unable to pat for one.

He is entitled to an attorney.

He needs one now!

 

[JustWantJustice]

I don't get why he was arrested the second time? For being drunk in a vehicle, but not the driver? There's got to be something more to this. It's not illegal to be drunk, and you can't get arrested for it.

In my state, you can be charged with being an accessory to DUI if you own the car that someone else is driving under the influence. But other than that, why was your brother arrested this second time?

Sounds like he might need to change his circle of friends. And if he was only arrested for being drunk in a vehicle, maybe you need an attorney to fight those charges. If he IS guilty of something and he was on probation, yes, he has violated his probation and likely faces jail time.

Wow, this stuff all makes me very paranoid. I have a DUI conviction and I am terrified of ever being stuck in tehcriminal justice system again. That stuff will stay with you your entire life.

 

[army judge]

I don't get why he was arrested the second time? For being drunk in a vehicle, but not the driver? There's got to be something more to this. It's not illegal to be drunk, and you can't get arrested for it.

In my state, you can be charged with being an accessory to DUI if you own the car that someone else is driving under the influence. But other than that, why was your brother arrested this second time?

Sounds like he might need to change his circle of friends. And if he was only arrested for being drunk in a vehicle, maybe you need an attorney to fight those charges. If he IS guilty of something and he was on probation, yes, he has violated his probation and likely faces jail time.

Wow, this stuff all makes me very paranoid. I have a DUI conviction and I am terrified of ever being stuck in tehcriminal justice system again. That stuff will stay with you your entire life.

He was on probation.

It violated the terms of the probation.

They try to revoke you for that.

 

[JustWantJustice]

But wouldn't he have to be **convicted** of a crime before they can claim he violated his probation? Or have I missed something else that was a violation? He wasn't allowed to consume alcohol as part of the probation?

It just seems to me that you cannot be convicted of DUI if you are actually driving or in control the vehicle. IOW, sitting the back seat of a car intoxicated does not equal driving under the influence; it's sitting under the influence.

And if he beats that charge, wouldn't that mean he's not in violation of his probation?

Unless I've missed something.

Wow, there are a lot of DUI posts. That will never, ever happen to me again. No, thank you, really.