Drug Crimes, Substance Abuse vop on suspended sentence question

[lynn85]

My boyfriend has a vop on a 9year suspended sentence .. he did 3 of the 9years.. it was a technical violation /dirty urine .. pot only.. but his original crime was a felony.. the judge locked him up for 30 days and court with his Lawyer is tomorrow a.m . Is is likely he will get the suspended sentence imposed or any chance he could get house arrest..?? he has no new criminal acts just 2 technicals since getting out last year. Any experience and answers would be appreciated!! Thanks!

 

[raskalnikov]

For one thing, a dirty drop isn't really a technicality, it's an overt illegal action.

Once on parole, one must be squeeky clean.

He could get the suspended sentence. It depends on locality and your Judge. . . if prison overcrowding is a big issue, etc. Not everything has to do with right or wrong, unfortunately.

Also, some Judges take it as a direct insult to them if a parolee/probationer violates anyway.

If possible, I strongly suggest you get a good criminal defense attorney.

Hope this helps,
and good luck.

 

[lynn85]

Thanks.. by technical violation (dirty urine is considered technical) I mean not a substantive violation which is a new criminal act... We have an attorney .. he got him a suspended sentence after the first criminal act years ago..I just am hoping they don't impose the suspended sentence for 9 years for smoking a joint!! There are sooo many other people that do worse! And the prisons are overcrowded!!!

 

[raskalnikov]

Yes, the prisons are overcrowded, so you have that working for you.

But, WHAT WAS HE THINKING?

Pot stays in the system longer than most any other drug. Depending on amount inhaled, and frequency, it can stay over 28 days. He should have known there was a great chance he'd be caught,

which is further infurating to the Judge, as well as his Parole Office. And twice?

I'm in Michigan, and in one county he'd be getting some kind of probation extension, and in another county he'd get around 5 years. It's a crap shoot.

Good Luck.