Busted Again

[snizzy]

Texas--I'm wondering if i should start a drug program before going to court for a first time posession of marijuana in Washington County TX. {under 2 grams} i have previous covictions in other states for posessions. { Cocaine & Weed } I have a job and a nice house but, now I'm worried about going to jail and loosing everything. Advise Needed Man!!What is the name of your state (only U.S. law)?

[Antigone*of*Greece]

Originally Posted by snizzy

Texas--I'm wondering if i should start a drug program before going to court for a first time posession of marijuana in Washington County TX. {under 2 grams} i have previous covictions in other states for posessions. { Cocaine & Weed } I have a job and a nice house but, now I'm worried about going to jail and loosing everything. Advise Needed Man!!What is the name of your state (only U.S. law)?

Rehab is a good thing, but don't look to it to ease your punishment for the new charges.

[dave33]

The most important issue you have right now it to determine how you are being charged. Does Tx. know about your past? Are they charging you as a 1st time offender? Do you actually want to stop smoking? Are you still on probation in the other states? If so have they become aware of this charge? Also is this 1st appearance an arraignment or pre-trial conf?

[ERAUPIKE]

Originally Posted by snizzy

Texas--I'm wondering if i should start a drug program before going to court for a first time posession of marijuana in Washington County TX. {under 2 grams} i have previous covictions in other states for posessions. { Cocaine & Weed } I have a job and a nice house but, now I'm worried about going to jail and loosing everything. Advise Needed Man!!What is the name of your state (only U.S. law)?

dave is again incorrect. Regardless of your previous convictions you have been charged with violating Texas Health and Safety Code. § 481.121, a class B misdemeanor. You are facing a maximum of not more than 180 days in a county jail and/or a fine of not more than $2,000. You may also face a license suspension for up to six months. Your previous arrests will not be used as some sort of multiplier to enhance your penalty as dave implied.

I will assume that since you are living in Texas you are not on felony probation in your previous state, a legal impossibility. Rehab sounds like a good move for your future but may not play much of a role in receiving mercy from the court. That being said you are only being charged with a class b misdemeanor and your chances of jail time are very small. Your previous convictions may impede any attempt to enter a diversion program to avoid a conviction on this charge. As always, I would highly recommend you obtain legal council.

[CavemanLawyer]

Previous felony convictions can be used as punishment enhancements on misdemeanors but only to require mandatory X amount of jail time or to disqualify you for probation if you go to the jury for punishment. No amount of criminal history is ever going to enhance a Class B misdemeanor possession of marihuana to a higher degree offense. So assuming you are no longer on probation for anything elsewhere, Euraupike is correct that you are facing a maximum of 180 days in jail and/or a $2,000 fine. It doesn't sound like you are on probation anymore by the way you described your priors but Eurapike it is definitely still possible. Interstate compact allows for probations to be transferred from state to state. (you are still on probation in original state, you simply are supervised in the transferee state.) If you are in fact on probation or parole for a prior offense then you could definitely be looking at prison time for that. Not so much if you are on parole, but certainly if you are on probation.

dave33 I don't know what you mean when you ask whether he is being "charged as a first time offender." I've never heard of that phrase used in Texas. I suppose you are questioning whether he would qualify for a pre-trial diversion program and I'm certain that he would not. Any district attorney's office is going to run an NCIC on every defendant every time they are charged so with the exception of old/badly reported charges, all past crimes are going to be known and should be taken into consideration.

[dave33]

What my concern was ,was the previous probation. The op indicated cocaine was involved. Since he was/is on probation for cocaine, that would indicate a felony in the other state. Since the op seems very concerned about this probation, I will assume it is still active. So, the new charge alone would not be my primary concern. I would be worried about the violation of probation in the other state if they are notified. That would turn into a felony warrant. So Eraukipe is wrong. I would not worry about the misd. He could do more time in the other state. The op did not even indicate that he bothered to transfer his probation, which could be more of a problem. So the max. for a class b misdemeanor 180 days,2k ,again would not be my primary concern. I never said this would be enhanced, but if extradited he could very well do more than the minimum for a misd. in Tx. Eurapike also says it's impossible for him to be living in Texas if on felony probation in another state. That is ridiculous. Op never said he did any of this legally,actually judging by previous acts it may be more likely it has not been transferred the op is justified in being nervous about the whole situation.

[ERAUPIKE]

Originally Posted by dave33

What my concern was ,was the previous probation. The op indicated cocaine was involved. Since he was/is on probation for cocaine, that would indicate a felony in the other state. Since the op seems very concerned about this probation, I will assume it is still active. So, the new charge alone would not be my primary concern. I would be worried about the violation of probation in the other state if they are notified. That would turn into a felony warrant. So Eraukipe is wrong. I would not worry about the misd. He could do more time in the other state. The op did not even indicate that he bothered to transfer his probation, which could be more of a problem. So the max. for a class b misdemeanor 180 days,2k ,again would not be my primary concern. I never said this would be enhanced, but if extradited he could very well do more than the minimum for a misd. in Tx. Eurapike also says it's impossible for him to be living in Texas if on felony probation in another state. That is ridiculous. Op never said he did any of this legally,actually judging by previous acts it may be more likely it has not been transferred the op is justified in being nervous about the whole situation.

It is not legally possible for him to be on felony probation in a state other then the state he lives in. Learn some reading comprehension or acquire some legal acumen dave.

[dave33]

Another ridiculous statement. You do not know what state he is from. Probation transfers happen for many,many reasons. Some felons still get passports. Who said legally anyway? Not the op. A probation violation would certainly be a bigger cause for alarm, certainly over a misd. offense.

[ERAUPIKE]

Originally Posted by dave33

Another ridiculous statement. You do not know what state he is from. Probation transfers happen for many,many reasons. Some felons still get passports. Who said legally anyway? Not the op. A probation violation would certainly be a bigger cause for alarm, certainly over a misd. offense.

Read the statement again dave. It is not legally possible for him to be on felony probation in a state other then the state he lives in or more then one state at a time. You asked if he was still on probation in the other states. He cannot live in Texas and be on probation in any other states, legally.

You cannot argue about his probation status, you don't know what it is.

My statement is not ridiculous it is accurate. Ridiculous statement must really mean I don't understand what this means. You are wrong again and I am right. Case Closed.

[Joshuaace2]

Originally Posted by ERAUPIKE

Read the statement again dave. It is not legally possible for him to be on felony probation in a state other then the state he lives in or more then one state at a time. You asked if he was still on probation in the other states. He cannot live in Texas and be on probation in any other states, legally.

Whoa, ERAUPIKE, you are clearly speaking outside of your knowledge. You have stated this three times now, you have been incorrect all three times. Repeating yourself over and over again does not make you right. It is absolutely possible to be on probation in one state and residing in another.
Please cite your source for this ludicrous misinformation.

[ERAUPIKE]

Originally Posted by Joshuaace2

Whoa, ERAUPIKE, you are clearly speaking outside of your knowledge. You have stated this three times now, you have been incorrect all three times. Repeating yourself over and over again does not make you right. It is absolutely possible to be on probation in one state and residing in another.
Please cite your source for this ludicrous misinformation.

How could I cite a specific source when I am not aware of the previous states he was convicted in? No state in the union will allow an individual that is on felony probation to live and report from another state.

Please show me anything that will back up your statement. Anything at all.

I am right, you are wrong. Case closed.

[Joshuaace2]

Originally Posted by ERAUPIKE

How could I cite a specific source when I am not aware of the previous states he was convicted in? No state in the union will allow an individual that is on felony probation to live and report from another state.

Please show me anything that will back up your statement. Anything at all.

I am right, you are wrong. Case closed.

Really, case closed, that simple huh? I call B.S. on you.

I appear to be unable to post links( I don't see a tab), here is a list of URL's proving you wrong. As we say at the card table, "READ 'EM AND WEEP".

[url=http://www.dcor.state.ga.us/Divisions/Corrections/ProbationSupervision/InterstateCompact.html]|| Georgia Department of Corrections || - Interstate Compact[/url]

[url=http://dpca.state.ny.us/compact.htm]New York State Probation Interstate Compact[/url]

[url=http://www.in.gov/judiciary/probation/interstate.html]Indiana Judicial Center > Interstate Compact[/url]

[url=http://www.pardons.state.al.us/ALABPP/Divisions/Compact/Interstate%20Compact.html]Interstate Compact[/url]

Note on this one it says:

The Interstate Compact for Adult Offender Supervision is a legal agreement between forty-nine states, Puerto Rico, and the U.S. Virgin Islands. Only Massachusetts is not part of the Compact. The Compact is a device which is federal in nature, with enforceable status under the U. S. Constitution. The Compact was established to allow for travel and relocation to other states and territories, when to do so would improve the employment and social situation of the parolee or probationer, and would further their rehabilitation process.

So, Massachusetts is the ONLY State not part of the compact. You have repeatedly said no State will allow this. Clearly, every State but one does allow this.

Clearly you are wrong, I am right. You should now man up, and retract your statements where you waxed ignorant on a subject outside your knowledge.


Side note: You really should consider showing your peers a greater level of civility than you have been. NOW THE CASE IS CLOSED.

[jamal22066]

Damn, son. You really gave it to 'em.

[ERAUPIKE]

Originally Posted by Joshuaace2

Really, case closed, that simple huh? I call B.S. on you.

I appear to be unable to post links( I don't see a tab), here is a list of URL's proving you wrong. As we say at the card table, "READ 'EM AND WEEP".

[url=http://www.dcor.state.ga.us/Divisions/Corrections/ProbationSupervision/InterstateCompact.html]|| Georgia Department of Corrections || - Interstate Compact[/url]

[url=http://dpca.state.ny.us/compact.htm]New York State Probation Interstate Compact[/url]

[url=http://www.in.gov/judiciary/probation/interstate.html]Indiana Judicial Center > Interstate Compact[/url]

[url=http://www.pardons.state.al.us/ALABPP/Divisions/Compact/Interstate%20Compact.html]Interstate Compact[/url]

Note on this one it says:

The Interstate Compact for Adult Offender Supervision is a legal agreement between forty-nine states, Puerto Rico, and the U.S. Virgin Islands. Only Massachusetts is not part of the Compact. The Compact is a device which is federal in nature, with enforceable status under the U. S. Constitution. The Compact was established to allow for travel and relocation to other states and territories, when to do so would improve the employment and social situation of the parolee or probationer, and would further their rehabilitation process.

So, Massachusetts is the ONLY State not part of the compact. You have repeatedly said no State will allow this. Clearly, every State but one does allow this.

Clearly you are wrong, I am right. You should now man up, and retract your statements where you waxed ignorant on a subject outside your knowledge.


Side note: You really should consider showing your peers a greater level of civility than you have been. NOW THE CASE IS CLOSED.

You should work on your reading comprehension as well. It is not legally possible for anyone to be on probation in one state and reside in another. I am aware that states will allow offenders to transfer their probation to a new state. The OP could not have possibly been on probation in the other states he had convictions in and resided in the state of Texas. If you transer your probation you no longer remain on probation in the original jurisdiction you were convicted. You are transfered to a new reporting agency.

Try again misinformed joshua. You are wrong and I am right.

Case closed.

[ERAUPIKE]

Originally Posted by jamal22066

Damn, son. You really gave it to 'em.

Except he was completely wrong. He only further outed himself as a misinformed troll.