My husband got 180 days for drug posession (back in June). He got out early on work release, had problems with "compliance" and found himself back in County until mid-November.
When he gets out in mid-November he will be in probation for 3 years. (judge sentenced him to 180 days in County + 3 years probation)
IF he has problems while on probation (by problems - I don't mean a new arrest, but "dirty" drug tests and / or missed appointments) does anyone know if that puts him back in County again or sends him to state prison? Also, do you usually get away with that once or twice before you're violated?
I know the original arrest at the very beginning could have resulted in 2 years state prison time. He didn't complete Prop 36 and other things he had to do so he got the 180 days in jail. Is the 2 years in state prison still hanging over his head while he's on probation or was the 180 in County instead of that?
My husband got 180 days for drug posession (back in June). He got out early on work release, had problems with "compliance" and found himself back in County until mid-November.
When he gets out in mid-November he will be in probation for 3 years. (judge sentenced him to 180 days in County + 3 years probation)
IF he has problems while on probation (by problems - I don't mean a new arrest, but "dirty" drug tests and / or missed appointments) does anyone know if that puts him back in County again or sends him to state prison? Also, do you usually get away with that once or twice before you're violated?
I know the original arrest at the very beginning could have resulted in 2 years state prison time. He didn't complete Prop 36 and other things he had to do so he got the 180 days in jail. Is the 2 years in state prison still hanging over his head while he's on probation or was the 180 in County instead of that?
I voted for Prop 36 and was really hoping it was going to work for us Californians! I pray your husband will rethink his drug use and try to get some help. A dirty drug test will definately violate him! And depending on his P.O., it only takes once...and he can order him to do the 3 years behind bars, instead of the luxury of probation.
Didn't he receive a 'suspended sentence" by the judge on the day he went to court? I believe you can go to the courthouse and get a copy of the trial minutes to see if one was imposed.
It's not fair to you, to have to worry like this. Pray that he gets help with his addiction and can return to be your loving husband.
Hugs
Thanks for the kind words. Up until now the "system" has really let him get away with a LOT. He had over 2 years to get going with Prop 36 before anything happened. They make it sound like 1 dirty test and you're violated. But while he was in Prop 36 he'd be violated and reinstated on the spot. He probably missed 15 days of work release (all as a result of his drug use) where nothing happened except one time he had to get "reassigned".
He even showed up high to work release and got sent home and would have been allowed to finish if he'd gone back right away to be reassigned again (work release confirmed this for me). It's only because it took him 10 days to go back that he wound up in jail.
I love him and I'm more worried for him than I've ever been before - but I can't say I have much hope. He hasn't worked in years - no insurance - no options for rehab. All he can really do is meetings (NA, AA) but he doesn't. After all this he STILL thinks he can handle it on his own. But of course it just gets worse.
At this point all of his friends and contacts are drug connections. Unless he stays locked up at home (which I think he SHOULD do!) he'll likely use his first night home. That's what he did last time.
I'll try to be supportive. I have the strange need to try to be prepared for all outcomes. When he wound up back in jail this time I wasn't shocked. Not at all. I was actually surprised it took as much as it did.
I figure his probation officer will have his hands full with too many people and cases so I'm trying to prepare for how many screw ups / how much wiggle room he'll have before he's back in jail or worse this time.
Thanks to everyone for putting up with me and my constant "what if" questions. It really does make me feel better and for that I'm grateful!
Probation and the Law
Probation is often part of a criminal defendant’s California sentence. When probation is given, the individual is allowed to remain a member of the community after jail time (if any) has been successfully completed.
California probation laws differ according to the type of probation given, such as:
* Formal Probation (Supervised Probation)
* Informal Probation (Summary Probation)
Formal Probation (or Supervised Probation) requires the defendant to meet with an assigned probation officer on a regular basis (usually once a month).
Informal Probation (or Summary Probation) requires the defendant to complete certain terms of the sentence and stay out of trouble. Scheduled meetings with a probation officer are not necessary under summary or informal probation.
For all types of probation, the California criminal defendant’s sentence may include any or all of the following:
* Community service
* Counseling
* Physical labor
* Drug testing
* Jail time
Length of Probation
Normally, probation (formal and informal) lasts three years, but this could vary depending on the defendant’s circumstances. In some felony cases, formal probation can last for up to 5 years.
When Probation is Violated
Probation is no joking matter and should be taken seriously. The penalties for a probation violation depend on the severity of the violation. In some cases, a second chance may be given and the probation violation will not affect the terms or conditions of the probation.
As soon as a probation violation occurs, an arrest may follow shortly thereafter and/or the defendant may be ordered to court for a probation violation hearing. During the court hearing, the Prosecutor must prove the violation by more than 50% of the evidence, as opposed to ‘beyond a reasonable doubt’ which is necessary for a criminal trial.
There are several factors that the Judge and Prosecutor use when considering a probation violation. They include:
* The seriousness of the probation violation
* The nature of the probation violation
* The history of previous probation violations
* New criminal activity surrounding the probation violation
* Aggravating and mitigating circumstances of the probation violation
* The probation officer and/or probation department’s view of the probation violation
* The probation violation with respect to the probation term (whether it occurred at the beginning, middle, or end of the probationary term)
Probation Violation – The Consequences
If you have violated your probation, you may suffer the following consequences:
* Extension of probationary period
* Amendment of probation terms
* Possible prison or jail time
* Revocation of probation
* Reinstatement of probation with same or different terms
* Community service
* Physical Labor (CalTrans)
* Treatment program
* Rehabilitation
* Counseling
Probation Violations California • LA County
What is a Probation Violation?
When a California criminal defendant is serving probation, there are rules that must be followed. If any of these rules are broken during the probationary period, a probation violation occurs, which could result in the following consequences:
* Revocation of Probation
* Jail time
How is Probation Violated?
Probation can be violated in many ways. The most commons types of probation violations include:
* Failure to Pay – When the defendant fails to pay required fines or restitution to the victim, a probation violation may occur.
* Failure to Comply – Part of a defendant’s probation may include rehabilitation or community service. When the defendant fails to complete these required programs, a probation violation may occur.
* Failure to Appear – Many probation requirements include a scheduled court appearance for a progress report. When the defendant fails to appear for the required court appearance, a probation violation may occur.
* Violation of Rules – Part of probation may include rules that prohibit the defendant from visiting certain persons or locations. When the defendant fails to adhere to these rules, a probation violation may occur.
* Failure to Report – Probation may require the defendant to report to a probation officer at scheduled times. Failure to appear when expected may result in a probation violation.
* Possession of Illegal Substances – When the defendant possesses illegal weapons or drugs, a probation violation may occur.
* Committing Crimes – Staying out of trouble is mandatory during probation. When the defendant commits new crimes during the probationary period, a probation violation may occur.
* Being Arrested – Regardless of whether criminal charges are present, when the defendant is arrested during the probationary period, a probation violation may occur.
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my sister was put on felony probation for failure to complete prop36 too. she reported at first when she got out, but didn't after that... never tested, never notified the po of her address, etc. they didn't violate her probation, they just revoked it all together and gave her prison time.
i'm actually shocked by how much my husband got away with since his arrest before he got jail time (180 days)
check this out. i promise i'm not exagerrating even a little bit.
he was arrested for felony posession of a controlled substance
he started prop 36
he missed a ton of required classes etc.
went back to court, lied to the judge about some elaborate family responsibility he entirely made up (i was there to hear it) and asked to be taken out of prop 36
judge agreed and from there he was on probation
he got arrested again - same thing
now he asks the judge to put him back in prop 36 again for both cases
he did
he missed about 1/2 his required prop 36 sessions
he completely faked his required NA meetings (forged dates, times etc. on the sign in sheet) - every single one
he had at least 4 "dirty" drug tests that i know of (even though you supposedly get 3 tries with prop 36 - he got way more than that)
he missed 1 court date b/c he was high - bench warrant issued - he went in 2 days later and it was immediately cleared
he missed all of his probation ordered drug tests b/c he told the judge he kept calling in as instructed and the recorded message never told him to come in. judge believed him.
it took almost 3 years of his not doing what he was told to do (when it all should have been done within 6 months) before a new judge sentenced him to county.
he did 31 days on 180 day sentence and got out on work release.
i think from july - early october he had ONE week where he went all 5 days. he piled up at least 15 missed days. once his paperwork was sent back for missing without calling. he went back to work release office near MCJ to be reassigned. it took around 10 minutes and he was right back to the same assignment the next morning.
the last time he showed up high at work release and got sent home / told to go back to be reassigned (again). it took him 10 days to go and that's how he wound up back in jail.
WR told me if he'd gone back within the first few days he would have been reassigned no problem.
Can you believe all that? He has had SO many breaks and he's still sure it's all completely unfair.
i'm actually shocked by how much my husband got away with since his arrest before he got jail time (180 days)
check this out. i promise i'm not exagerrating even a little bit.
he was arrested for felony posession of a controlled substance
he started prop 36
he missed a ton of required classes etc.
went back to court, lied to the judge about some elaborate family responsibility he entirely made up (i was there to hear it) and asked to be taken out of prop 36
judge agreed and from there he was on probation
he got arrested again - same thing
now he asks the judge to put him back in prop 36 again for both cases
he did
he missed about 1/2 his required prop 36 sessions
he completely faked his required NA meetings (forged dates, times etc. on the sign in sheet) - every single one
he had at least 4 "dirty" drug tests that i know of (even though you supposedly get 3 tries with prop 36 - he got way more than that)
he missed 1 court date b/c he was high - bench warrant issued - he went in 2 days later and it was immediately cleared
he missed all of his probation ordered drug tests b/c he told the judge he kept calling in as instructed and the recorded message never told him to come in. judge believed him.
it took almost 3 years of his not doing what he was told to do (when it all should have been done within 6 months) before a new judge sentenced him to county.
he did 31 days on 180 day sentence and got out on work release.
i think from july - early october he had ONE week where he went all 5 days. he piled up at least 15 missed days. once his paperwork was sent back for missing without calling. he went back to work release office near MCJ to be reassigned. it took around 10 minutes and he was right back to the same assignment the next morning.
the last time he showed up high at work release and got sent home / told to go back to be reassigned (again). it took him 10 days to go and that's how he wound up back in jail.
WR told me if he'd gone back within the first few days he would have been reassigned no problem.
Can you believe all that? He has had SO many breaks and he's still sure it's all completely unfair.
Perhaps you need to print out a copy of this post and mail it to him? Maybe...since his head is clear now....it'll soak in. At least he may see the pain that he's causing YOU and will come to realize how truly selfish drug addicts are.
It took my brother YEARS and I mean YEARS to realize how much of his life he wasted, how much time he lost with his children and how much more he could have, if the drug didn't have him.
I'm so proud that he's got 9 months clean. It's such a joy to have my brother back. We still deal with the reprocussions (sp?) of his past actions (delinquent child support-hence no Driver's License, criminal record, dental problems,etc...) but, we handle issues the best we can, as they arise.
Just seeing him functioning and happy is worth every year of hell he put me through, although at the time...I didn't think I'd live through it and almost, almost, almost, gave up on him.
Please worry about YOU first, then the addict. Otherwise, he'll pull you down with him. Guess that's where the phrase; "tough love" came from!
My fiancé was booked in to Twin Towers in Los Angels yesterday it is his first offence ( he has never even had a traffic ticket) he was sentenced to 125days on a drug related charge.He didnt qualify for prop 36 because he wasnt on drugs He has been telling me that he will serve about 4 weeks hopefully less , last night he called me he said they told him it could be as soon as 14days which would be a blessing. But I don’t know if he is just trying to sugar coat things for me.
I have never had to go thru this and never thought I would, I am so lost and so worried I don’t know what to do with my self.
My fiance' was sentenced to 60 days and automatically he got 50% off his sentencing when he first went in. We're told he'll be out in no more than a week but he has heard no word on his release. I wish someone could shed some light on county and how long they actually serve in la county jail
My fiance' was sentenced to 60 days and automatically he got 50% off his sentencing when he first went in. We're told he'll be out in no more than a week but he has heard no word on his release. I wish someone could shed some light on county and how long they actually serve in la county jail
LA County - sentence / probation question
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