I have an arraignment on petition to revoke in a few weeks for a failed drug test. I am on 2 years probation from the first time offenders clause for manufacture/distribution of cannabis 10-30 grams. its been just under 6 months if i had to guess.
What is likely to happen? I cannot imagine jail time being a realistic punishment here. So, extra time? more community service?
Obviously, i need to take steps before hand to ensure i get the best treatment. I plan on getting a drug evaluation and starting classes before my court date. I also plan to get started on my community service to show that im gonna try to keep busy.
They could re-sentence you for the original crime if they wanted. Sending you to prison. There are so many factors that are hard to predict. The county your in, the mood of the judge, what probation says about you, ect. You could get some county time, then back on probation. You could just get it re-instated with orders of treatment.
I just signed up for the drug evaluation that i was required to do, as well as the community service. I will have my service hours and drug classes completed by the time I actually get a decision.
I also have the money to pay for all of my fines and fees. This money was intended to keep me from having to work during the school year...but oh well, shit happens. I'm gonna pay my fines and get a job so I can make it through the school year financially.
Also, I will probably have two more drug tests with my PO that I will most definetly pass now that I realize i'm screwed...
So with that in mind, I will have two clean tests following my dirty UA, and I will have all of my requirements taken care of, fines and fees paid for by the time I meet with the judge.
What are my chances then, to avoid jai
Last edited by stupididiot; 09-30-2009 at 11:12 AM..
Mclean is better then a lot of others as far as something like this goes for you. I would pay off that stuff for sure, as that will prob. help a lot. Also Mclean is always really hurting for jail space, having to ship people off to other counties. Also your being in school helps. Once again, anything COULD happen, but I suspect you have a pretty decent chance of getting out of it without much. You may just have to goto meeting or do more substance abuse classes or something.
10-30 grams is less then one ounce. obviously you know this but that is not a very large quantity at all, considering there are 16 ounces in a pound. i would think if you have a good lawyer, admit you have a substance abuse problem and seek intensive treatment, you would probably get one more chance before they throw the book at you. if you mess up again, i'd expect to do some time. but as someone who smoked pot for many, many years and has now been 100% clean for quite a while, i can tell you that life is better and much more productive without weed. i know it's a cliche, but it can and often does lead to other things. or little problems like yours that blow up into bigger ones. stop smoking, see a good lawyer, and ask him/her to ask the judge and your po for another chance to get clean. when someone admits they have a drug problem, most people understand it's not easy to get off them. but then again, if you're on probation and dodged a bullet (figuratively) you should, with all due respect, know better and just move on with your life without getting high. many, many people here....myself included, have learned this the hard way.
I know it isnt alot of cannabis and that's why ive been blown away by this whole process... I just cant believe someone doing something that is nearly harmless gets this sort of treatment.
I actually was arrested a year and 2 months following the incident. The cops were undercover and couldnt blow their cover by arresting me. And about 2-3 months after i sold to the undercovers, i was clean and out of dealing. unbelievable. i actually passed a drug test immediately after i got out of jail bc my lawyer reccomend i got some treatment to help in the case. So for me, it was out of the blue. got picked up from my apartment. The days where i was dealing seemed like a whole lifetime away and that made the whole experience that much worse.
Anyway, its good to hear that the system isnt SO fucked that a person like me would have to do time after a couple minor mistakes. (i know its illegal, but in the grand scheme of things...its as small of a crime as it gets.)
also, i have been treated for bipolar disorder in the past. my problem was that i could never stay on the meds. i didnt feel right and when i would get manic, i didnt think i would need meds or treatment. Then i would never go back to the doctor for months until i came back down and thought i needed help again. i believe this plays a part in my reliance on attachment to marijuana. Though, ultimately, i realize that it is my decision to continue using and I do intend to attack this issue head on to avoid having my case escalate into something more.
best of luck and change or get a new screen name. you're not a stupid idiot. and if you have some emotional issues and/or bipolar disorder there ARE meds that can help stabilize your moods. I was initially diagnosed with bipolar disorder but I felt that I was really just clinically depressed and virutally never manic. So I asked my doctor to put me on an anti-depressant, and that along with exercise (cardio and lifting) is an excellent mood stabilizer. My doctor has also told me that exercise releases endorphins which is more effective then most pills. Then again if you read about newer 'atypical anti-psychotics' like Abilify and Seroquel many people find them helpful. I personally think they're very potent and somewhat dangerous with a lot of side effects. I've heard of people gaining substantial amounts of weight, getting restless leg syndrome, and feeling generally over-sedated while on those meds. But only you and your doctor will find the proper protocol for you. Best of luck and for what it's worth....smoking pot isn't the best thing for someone who's manic depressive or clinically depressed. Just my opinion, for what it's worth.
Just met with the lawyer that got me first offenders probation in the first place. He said if I pass the rest of the drug tests, get going on my treatment and also on my community service and pay all my fines, then I will have a 50/50 chance to keep my first offenders probation.
Is that serious? Or is he just setting himself up to look good? I know he is a good lawyer in the area because i got him at the reccomendation of a judge up north that i know.
But when i went in to meet with him last year when this all started he told me that he couldnt promise no jail time, couldnt promise this or that...but completely failed to mention the first offenders clause. So i was pissed about that, because it just seemed like he was trying to sell himself or make himself look better.
His theory was that they gave me a second chance already with the first offenders clause, so judges might say that kid pretty much just spat in my face after i gave him the benefit of the doubt, thats it for him. But if i am a model citizen from then on, i dont see how that applies.
I do believe though that i can get my PO on my side. I don't really trust him, so Im not very open with him...but if it would help, i could be much more friendly and appear as though i have changed my attitude toward him and my situation in general.
I would see its 50/50. but I think a judge would see you just started doin this stuff when you screwed up. They are far from stupid. I know that from experience but they do care bout getting there money and saving there jail space. And you did have alot on you But they will say if you started your couseling in the first place instead of waiting you might not have relasped. The school thing is good for you to. It just depends how the judge is feeling, which sucks