I was arrested for a DUI in 3/05. All fines were paid and all programs were completed in a timely fashion. I was placed on probation for 36 months. I received a ticket for driving while in possesion of marijuana under 1 ounce ($40 worth) on 2/28/07. I was still within the probation. This is my first probation violation. What type of punishment do I face? What are the chances of jail time?
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Alcohol & Drugs: DUI, DWI Violation of summary probation.
- Thread Starter ncastro76
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seniorjudge
New Member
Since you cannot handle probation, jail is the only other alternative.
Thank you for your helpful response, seniorjudge. I'm sure if it was up to you, we would lock up all blacks & latinos for petty offenses. I don't believe that the punishment of jail time fits the crime (though I am aware that it is a possibility). Can anyone else, besides this jerk, offer their thoughts or advice on the matter? By the way, these offenses occurred in CA. Thank you.
seniorjudge
New Member
Wow!
What's the matter with you?
I gave you accurate and correct legal advice and you come back with racist remarks!?
cbg
Super Moderator
Whether you like it or not, he is right. Since you were still on probation at the time of the second offense, the overwhelming likelihood is that probation will be revoked and jail is in your future.
Just because you don't like the answer doesn't mean it's wrong.
Just because you don't like the answer doesn't mean it's wrong.
seniorjudge
New Member
Thank you, cbg. Do you think I should obtain the services of a lawyer or rely on the public defender? Also, I have recently obtained a prescription for medical use of marijuana. Will proof of this along with the explanation that the purpose of the marijuana was to alleviate the effects of migraine headaches help any?
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ncastro -- thanks for contributing here but I'm hoping we can keep it civil? I don't mean that as in civil versus criminal, I mean just friendly... well, you know what I mean.
I think that seniorjudge is trying to make a point to you and I will try to do the same delicately. Probation is a serious issue. You are given a chance to be a free person provided you comply with the rules, which it is assumed that you are even more sensitive to due to your encounter with your first prosecution -- which happened to be for breaking the law with regard to a controlled substance. Everyone knows marijuana possession is illegal so why would you even think of possessing it illegally during your period of probation? If this "prescription" was so important, why didn't you simply get it before you obtained it? It doesn't show much respect to the law does it?
You want to claim that you've got a doctor's prescription? Good luck. Many of us have migraine headaches and the common remedy is extra strength Tylenol or other prescription drugs which we use after seeing a neurologist or other medical professional prior to ingesting. My understanding is that marijuana might be used by patients who are nearing death or as a seditive in very severe cases. How likely do you think it will be that a prosecutor or judge won't seriously look into your claim that you needed pot to deal with your headaches... especially after a DUI?
IMHO I think you need to get a lawyer at your earliest moment. Chances are good that seniorjudge is right on target. You are guilty of possession of marijuana regardless of what excuse you may have AFTER the fact. Perhaps the public defender will be good. But your case doesn't exactly scream out that an injustice occurred and perhaps getting a good attorney who is motivated might be your best chance. Good luck.
CdwJava
Moderator
Realistically? Jail time is not likely to occur.ncastro76 said:
First, it is not possible at all for possession of less than an ounce of marijuana in CA - it is punishable by a $100 fine only (in spite of the fact that it is a misdemeanor).
Second, the only jail time you likely face is that which would remain on your previous DUI. It has been my experience that they will NOT violate your probation for a first offense of this nature unless you have otherwise given the authorities good cause to find that you are unfit to continue on probation for some reason.
- Carl
seniorjudge
New Member
There you go.
Carl knows CA law so listen to him.
And a public defender is a lawyer; one who specializes in criminal cases.
Thank you, lawprofessor, for your explanation. I know the medical marijuana was a "reach" but I just wanted some feedback on that issue. Thank you to Carl also. From what I had read on the web, I was hoping to hear something more along the lines of what you had to say. I don't know how to proceed now that I have conflicting responses. Thank you all for your assistance. Any additional thoughts or advice is greatly appreciated.
seniorjudge
New Member
Your next step is to talk to a lawyer.
If you are eligible for a public defender, get one and talk to him.
Otherwise, hire one.
cbg
Super Moderator
Might I suggest that if the thought of jail is stressing you so badly, that you cease violating the law?
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