sentencing question

[vabapesta]

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

my brother recently plead guilty to a concealed weapon charge and a possesion with intent to distribute more than 1/2 oz but less than 5 lbs marijuana charge. we had sentencing yesterday. well we procceeded with the case and basically the judge was ready to hand him a suspended sentence with probation and no active jail time.but she asked my brother if he was clean and he said yea. well then she decided to make him take a urine test before she made her decision. well he failed the test and she got all pissed off and shouted i dont like being lied to. and she also said i didnt believe anything you were telling me anyway. and she said hes either incredibly stupid or has a very serious problem with marijuana. his lawyer did not inform him that there was a possibility of being tested. then she gave him 12 months on the concealed weapons charge and ordered him to go to the drug block while in jail and continued the possesion with intent charge until five months from now when he completes the drug block. the concealed weapon charge is a misdemeanor so he only has to serve half the time. Does this sound like a fair decision.. i understand that u cannot lie to a judge but shouldnt his sentence be based on the crime and not his bad habit of being addicted to marijuana(that a very high percent of people his age (23) also have in america).now he has to sit in jail for 6 months not even knowing if shes gonna hand him more time on the other charge. is there anyone i can turn to or any options available. this is his first offense.we are caucasian and my family was there at the sentencing , and my brother has held the same job for 6 years. and it was agreed upon by the prosecutor and our lawyer that my brother is not a drug dealer but that he was doing a favor for a close friend who turned informant. i dont feel he was treated fairly as i know people that have much worse charges and much less time in the same city(virginia beach). somebody please help me here and let me know if u need any additional info. THANK YOU

 

[FlyingRon]

Judges don't like you lying to them. Suspended sentence would be very lenient, but he blew that good grace. Nearly every probation program involves drug testing these days (even if it doesn't involve a drug related offense, you can almost be assured of it for drug offenses). The lawyer shouldn't have had to tell you that you would be in trouble if you lied (without indicating the probability of being caught out).

 

[vabapesta]

hes wasnt on probration..while i understand u cant llie to a judge, the fact is he was there to be judged on a crime that he plead guilty to not to be sentenced based on the fact that he is a marijauna user... while im ok with her asking the question.. i dont c how drug testing should change the severity of his crime and ultimetly make the decision on how he should be punished for the crime. and i dont think its right that she lost her temper..this is something ive seen her do on almost every case shes judges as ive sat in on quite a few or her cases. and i dont beleive that her saying she didnt beleive anything he said is fair as he is innocent until proved guilty so unless they have proof that he is a drug dealr and that he carried the gun becasue he allegedly sold drugs .. her personal opinion on if she beleives him should be irrelevant as in america u must prove rather than go with the judges assumption.. she doesnt have any proof because there is none that he has sold drugs before or that he purchased the gun to sell drugs.i know my bro made a dumb decision by not being clean for court and then lying about it however he was not charged with being a drug user so y is he being judged on purely the fact that he wasnt clean and he lied and not for the charges that he plead guilty to. and it is clear he has a problem with using marijuana and it obviously clouts his judgement so how supprised can she be that he lied?

 

[FlyingRon]

He was going to be. You think that a suspended sentence for a felony and a serious misdemeanor is going to just let him walk the streets without even a minimal amount of supervision? I've seen people doing a year for making crank phone calls drug tested a couple of times during the course of the Virginia probation.

She didn't change the severity of the crime. She changed whether she thought your brother could be trusted with a less restrictive sanction, which he blew immediately by lying in court. If he had been truthful, she might have maintained the probation but added some level of substance abuse treatment if he was interested in NOT CONTINUING TO BREAK THE LAWS HE WAS BEING SENTENCED FOR.

She doesn't need any proof about what happened before. He's plead guilty, he was found guilty. That's all the proof she needs.

 

[vabapesta]

so it does seem like he was treated fairly? i am fully aware the he messed up bad by lying.

 

[vabapesta]

Im just saying they were accusing him of being a drug dealer but they had no evidence that he had ever sold drugs before this occasion. Therefore, he never has in the eyes of the law if I am correct. I completely agree that lying was the worst thing he could have done and blew his chance of getting off with no active time....but I am unsure if a judge is allowed to say "well I didnt believe anything you were telling me anyways" and also I dont understand how she decided that she was going to continue his case and not sentence him on the possesion with intent charge. Im not trying to justify his actions just trying to understand the court system. Thank you

 

[>Charlotte<]

Of course she's allowed to believe he's lying. Judges judge. That's their job.

 

[PJ Weber]

Im just saying they were accusing him of being a drug dealer but they had no evidence that he had ever sold drugs before this occasion. Therefore, he never has in the eyes of the law if I am correct

Incorrect . . . why

my brother recently plead guilty to a concealed weapon charge and a possesion with intent to distribute

Because by pleading guilty to the possession with intent to distribute makes him a drug dealer. You cannot get any clearer than that

 

[Peligroso27]

Im just saying they were accusing him of being a drug dealer but they had no evidence that he had ever sold drugs before this occasion.

Selling drugs one time makes you a DRUG DEALER.

Therefore, he never has in the eyes of the law if I am correct.

Couldn't be more wrong.

I completely agree that lying was the worst thing he could have done and blew his chance of getting off with no active time....but I am unsure if a judge is allowed to say "well I didnt believe anything you were telling me anyways" and also I dont understand how she decided that she was going to continue his case and not sentence him on the possesion with intent charge. Im not trying to justify his actions just trying to understand the court system. Thank you

The judge can say whatever she wants within reason. She didn't believe your lying drug dealing brother was clean, that's why he had to take a urine test. There is a saying that goes, "All prisons are all filled with innocent men." In this case it applies. You are an enabler and through all your posts you try to rationalize your brothers actions.