Got possession for under an ounce 11357(b) HS while on probation from a DUI....

[thenal24]

What is the name of your state (only U.S. law)? California..


I am 25 years old and I got a DUI back in September of 2008 and I finished all my community service, DUI classes and got my license fully reinstated May 2nd. I got caught with possession of less than a gram last night not driving or anything, just outside my house. The officer just gave me a ticket that says I have to go to court on or before 6.24.08. What can I expect since I was on 3 year probation? Will it be worse than a regular possession ticket? I have never received one before and the ONLY mark on my record is the DUI. Thanks in advance!

 

[JETX]

What can I expect since I was on 3 year probation?

Depends on the specifics of the terms of your probation... but it is VERY likely you will be in violation and probation 'revoked'.

Will it be worse than a regular possession ticket?

'IT' won't... but the probation violation could be a bitch!!

 

[thenal24]

what does it mean when it will be revoked? Will I see jail time? Will it be extended?


btw it is informal probation and on the order it said violate no law.

 

[JETX]

what does it mean when it will be revoked? Will I see jail time? Will it be extended?

Can't answer definitely without knowing ALL the facts of your probation, but it is likely yes to all three. Probation was GRANTED to you with the requirement that you get your act together and act like a mature responsible ADULT. You didn't.

btw it is informal probation and on the order it said violate no law.

And yet you didn't learn.

 

[CdwJava]

The court can choose to revoke your probation upon motion from the DA and you could find yourself serving time for the DUI as well as paying a fine and taking counseling for the marijuana.

Consult local counsel.

- Carl

 

[skylerhouse]

The outcome of this may also rely on the facts regarding the seizure of the drugs. Was it a legal search and seizure? Can probable cause be proved by the State? Many times, a probation violation is charged as soon as they find out you got in trouble again, rather than waiting to see if you are actually found guilty of it, and could be dismissed in the case you are not. Focus on the situation you have going now and don't get too caught up with a probation violation. Although imminent upon your being found guilty you have one before the other.

Cops just can't come peering through windows so they can charge you with a crime. There's a system that they have to follow in order for it to be considered legal. Contrary to popular belief, some are guilty until proven innocent. There ARE bad cops in the world.

 

[CdwJava]

Skyler, if he is on probation there is a very high chance he also has search and test conditions. If there are search conditions, then law enforcement would not need probable cause to conduct a search of him, his belongings, his vehicle, or his residence.

Yes, there are a number of counties that will include search conditions on a DUI - particularly if drugs were involved in the original case or for some priors.

- Carl

 

[skylerhouse]

Good Call

Carl - In Iowa I usually see this in parole case, not probation. Having said that it's defiantly good information to keep in mind. Thanks for the clarification.

 

[CdwJava]

Up until a clarifying court case a few years ago, California's probation conditions were actually more restrictive than those of a person on parole!

Not all counties will place search conditions on a DUI driver, but some do. Mine generally does not unless drugs are suspected or there is a history of drug use. But, the officer is required to know this before he or she acts upon that belief. In other words, they can't make the probation search ASSUMING that the subject was on probation with search stips. They either have to confirm it or the suspect can often affirm the search conditions.

- Carl

 

[ERAUPIKE]

Carl - In Iowa I usually see this in parole case, not probation. Having said that it's defiantly good information to keep in mind. Thanks for the clarification.

You see that as a 25 year old DJ? There is a big difference between defiantly and definitely, if you want some more clarification.

 

[skylerhouse]

Not knowing who I am, it's probably safer not to assume. Every heard of SCHOOL?? Maybe some clarification? It's where you STUDY, for life!! And no thanks, I do'nt think clarification is really necessary for a simple type-o. Oh, excuse me, I mean D-O-N-'-T... figured I'd better clarify for you though. You seem to be having a little more trouble with this.

 

[proud_parent]

Not knowing who I am, it's probably safer not to assume. Every heard of SCHOOL?? Maybe some clarification? It's where you STUDY, for life!! And no thanks, I do'nt think clarification is really necessary for a simple type-o. Oh, excuse me, I mean D-O-N-'-T... figured I'd better clarify for you though. You seem to be having a little more trouble with this.

*facepalm*

Iowa. The Education State.

As the Chez Quis maître d' said, "I weep for the future".

 

[ERAUPIKE]

Not knowing who I am, it's probably safer not to assume. Every heard of SCHOOL?? Maybe some clarification? It's where you STUDY, for life!! And no thanks, I do'nt think clarification is really necessary for a simple type-o. Oh, excuse me, I mean D-O-N-'-T... figured I'd better clarify for you though. You seem to be having a little more trouble with this.

The correct spelling is typo. I didn't assume anything,

1) I'm 25 year old Electro-House/Tech-House DJ speaking from experience.

2) Moderation, moderation, moderation. No matter what you chose to do in life, I can't help but think there are still people that love you.

What school do you go to that would make you think it is a good idea to tell a 17 year old addict to use drugs in moderation? You have not given accurate or responsible advice in this forum yet.