Young student needs help!!!

[cr9]

Bay Area, California

Hello I got my self into a bad situation. First a little background information: Last year I got arrested for grand theft for stealing rims off a car. At first it was a felony but my lawyer got it reduced to a misdemeanor because they delayed the sentence for 6 months so i could stay out of trouble and I also completed 200 hours of community service. After sentencing I had to do 10 days of weekend work program which I completed and I already paid the court fee's the only think I'm still paying is the restitution. I'm also on formal probation, it's pretty relaxed I just check in every 2 months. So I'm currently on formal probation but a fairly relaxed version I suppose. They have never drug tested me or anything at probation and I've never had any former possession charges!

Ok fast forward over a year later, last night I drove through a DUI checkpoint where they checked me for drunk driving, I blew under the limit so I was fine there. Then the cops said my license is suspended (which it isn't and I'll have to clear up) so they towed my car. Inside my car there was a little bit of marijuana so I got charged with possesion.

The final charges were VC: 14601 (a) suspended dl and VC: 23222 (b) possesion of marijuana. both misdemeanors

1) Is this going to violate my probation??
2) Do I have to be convicted of the crimes first before it could violate my probation??
3) Am I eligible for diversion program even though I'm on probation? (California Penal Code Section 1000 - California Attorney Resources - California Laws)
4) Do you think I will go to jail?

I've been being so good and staying out of trouble am I screwed?? Any advice guys please!!!

 

[ERAUPIKE]

1) Is this going to violate my probation??
Absolutely.
2) Do I have to be convicted of the crimes first before it could violate my probation??
When you go to court for your other crimes it is likely the VOP charge will be added.
3) Am I eligible for diversion program even though I'm on probation? (California Penal Code Section 1000 - California Attorney Resources - California Laws)
Probably not.
4) Do you think I will go to jail?
It is a real possibility.

 

[cr9]

1) Is this going to violate my probation??
Absolutely.
2) Do I have to be convicted of the crimes first before it could violate my probation??
When you go to court for your other crimes it is likely the VOP charge will be added.
3) Am I eligible for diversion program even though I'm on probation? (California Penal Code Section 1000 - California Attorney Resources - California Laws)
Probably not.
4) Do you think I will go to jail?
It is a real possibility.

I dont get it? how the hell could I go to jail for a simple misdemeanor?? I'm on a very "relaxed" misdemeanor probation (I dont have any felony's or any drug related things in the past). I definitely don't have a suspended license so that's going to get dropped. Then the only thing they could charge me for is have $20 worth of marijuana? I guess that doesn't add up to me. Plus I've never had any drug related charges and my probation officer doesnt drug test me.

And what if I have a medical marijuana card? Are they going to seriously get me in trouble for having marijuana?

And why wouldn't I be eligible for the program? I read the whole thing I don't see anything that disqualifies me...

I read that if you violate probation u can go back to jail for the rest of the term but I already finished my sentencing with the 200 hours of community service and 10 days of weekend work right?!

 

[CdwJava]

Ok fast forward over a year later, last night I drove through a DUI checkpoint where they checked me for drunk driving, I blew under the limit so I was fine there. Then the cops said my license is suspended (which it isn't and I'll have to clear up) so they towed my car. Inside my car there was a little bit of marijuana so I got charged with possesion.

The final charges were VC: 14601 (a) suspended dl and VC: 23222 (b) possesion of marijuana. both misdemeanors

1) Is this going to violate my probation??

It COULD violate your probation, but it probably will probably not result in you being remanded into custody. It is a possibility, however.

2) Do I have to be convicted of the crimes first before it could violate my probation??

No. the Probation Department can simply revoke your probation and send you back before the court. The DA can also file for a probation violation before the court per PC 1203.2

3) Am I eligible for diversion program even though I'm on probation?

Yes. To my knowledge, you should be. There appears to be no disqualifier present.

4) Do you think I will go to jail?

Not likely.

- Carl

 

[ERAUPIKE]

I dont get it? how the hell could I go to jail for a simple misdemeanor?? I'm on a very "relaxed" misdemeanor probation (I dont have any felony's or any drug related things in the past). I definitely don't have a suspended license so that's going to get dropped. Then the only thing they could charge me for is have $20 worth of marijuana? I guess that doesn't add up to me. Plus I've never had any drug related charges and my probation officer doesnt drug test me.

And what if I have a medical marijuana card? Are they going to seriously get me in trouble for having marijuana?

And why wouldn't I be eligible for the program? I read the whole thing I don't see anything that disqualifies me...

I read that if you violate probation u can go back to jail for the rest of the term but I already finished my sentencing with the 200 hours of community service and 10 days of weekend work right?!

Having marijuana is against the law and breaking the law is a violation of your probation, no matter how lax it may be. If you have a medical marijuana card then you have nothing to worry about, I am guessing that you don't. You have not finished your sentence because you are still on supervised probation. Grand theft is a very serious charge that may result in some very serious punishment for you.

 

[cr9]

It COULD violate your probation, but it probably will probably not result in you being remanded into custody. It is a possibility, however.


No. the Probation Department can simply revoke your probation and send you back before the court. The DA can also file for a probation violation before the court per PC 1203.2


Yes. To my knowledge, you should be. There appears to be no disqualifier present.


Not likely.

- Carl

Thank you carl for your help!! That's more along the lines of what I was expecting to hear. One quick question, what do you mean when you say they put me back before the court?? what would they put back before for??? For my old theft charges??

But yea I'm thinking I shouldnt go to jail, I'm an honest hard working citizen now and I just had a little marijuana for me for anxiety issues I have...

 

[cr9]

Having marijuana is against the law and breaking the law is a violation of your probation, no matter how lax it may be. If you have a medical marijuana card then you have nothing to worry about, I am guessing that you don't. You have not finished your sentence because you are still on supervised probation. Grand theft is a very serious charge that may result in some very serious punishment for you.

I think you are mistaken sir. Are you even a lawyer? Or familiar with California law??

And I highly doubt they would go back to change my grand theft charges when that was settled over a year ago, that makes absolutely no sense. Plus marijuana has absolutely nothing to do theft, I changed my ways a long time ago!!

 

[CdwJava]

Thank you carl for your help!! That's more along the lines of what I was expecting to hear. One quick question, what do you mean when you say they put me back before the court?? what would they put back before for??? For my old theft charges??

When you commit an act that violates your probation, the Probation Department can revoke that probation and remand you to custody. They will then file a request with the court to revoke your probation.

The DA can also file for the probation violation but they will not directly remand you.

In either event, a probation violation means the entire previous case comes back to life. So, yes, you will be brought back before the court on the original theft charges whatever they were.

But yea I'm thinking I shouldnt go to jail, I'm an honest hard working citizen now and I just had a little marijuana for me for anxiety issues I have...

Unless you have a marijuana recommendation, it is unlawful. Unless you have a state issued DHS card, then you will continue to have these problems even WITH a recommendation.

- Carl

 

[cr9]

Oh my goodness I'm freaking out now!! I know you can't predict the future but what do you think would be a likely outcome in this case? I really don't want to go to jail! Do you think I will? Should I hire an attorney, can an attorney help in something like this? Why would they re-open my theft case? Would they re-try me I don't get it...

Is there any way after I get the suspended license thing dropped that maybe my probation officer would be nice and not violate me? I hope I didn't just make a massive mistake in my life I was doing so well staying out of trouble!!!

 

[ERAUPIKE]

I think you are mistaken sir. Are you even a lawyer? Or familiar with California law??

And I highly doubt they would go back to change my grand theft charges when that was settled over a year ago, that makes absolutely no sense. Plus marijuana has absolutely nothing to do theft, I changed my ways a long time ago!!

You would be wrong. Hire a lawyer and stop smoking pot.

Oh my goodness I'm freaking out now!! I know you can't predict the future but what do you think would be a likely outcome in this case? I really don't want to go to jail! Do you think I will? Should I hire an attorney, can an attorney help in something like this? Why would they re-open my theft case? Would they re-try me I don't get it...

Is there any way after I get the suspended license thing dropped that maybe my probation officer would be nice and not violate me? I hope I didn't just make a massive mistake in my life I was doing so well staying out of trouble!!!

You were given a chance to avoid serious charges by abiding by the laws of your state for a given period of time, you failed. You violated the conditions of your sentence and the court will evaluate what punishment you might take seriously. There is no way to predict the likely outcome, the result could vary greatly. You could receive anything from a harsh talking to from your PO to full revocation of your probation. There is really no way to tell. The best thing to do is to be honest with the court and lose the attitude. I don't appreciate it and neither will the court.

 

[cr9]

You would be wrong. Hire a lawyer and stop smoking pot.

Ok I will I appreciate the help guys. I just want to know from your past experience what a likely out come in this case could be. Are we talking time? How long? weeks, months, years?? State or county jail?? I just want to know what I could be in for hopefully I'll have help from a lawyer!!

 

[ERAUPIKE]

Ok I will I appreciate the help guys. I just want to know from your past experience what a likely out come in this case could be. Are we talking time? How long? weeks, months, years?? State or county jail?? I just want to know what I could be in for hopefully I'll have help from a lawyer!!

You have not given enough information for anyone to accurately predict the outcome of your situation. What charge specifically were you put on probation for? How long were you placed on supervised probation for?

There are many other things that will factor into the outcome of your situation, like your attitude when you visited your probation officer. The kind of day they might be having when you inform them of your actions could play a large role as well.

Carl seems to think it is not likely that you will receive any jail time. He is generally dead on and has extensive knowledge of the California judicial system.

 

[cr9]

You would be wrong. Hire a lawyer and stop smoking pot.



You were given a chance to avoid serious charges by abiding by the laws of your state for a given period of time, you failed. You violated the conditions of your sentence and the court will evaluate what punishment you might take seriously. There is no way to predict the likely outcome, the result could vary greatly. You could receive anything from a harsh talking to from your PO to full revocation of your probation. There is really no way to tell. The best thing to do is to be honest with the court and lose the attitude. I don't appreciate it and neither will the court.

Hey Eraupike thanks again for the help and I apologize for the attitude I'll drop it. If you could assist me with one last question I would be so grateful! I wanted to know what full revocation of probation mean? Because with my probation it said that once all my fee's were paid I could request to go to court probation, but otherwise I'm not sure how long it was other wise maybe 2 years? I know I'm like in the most basic probation because I'm not "high-risk" or anything so maybe they will be lenient since this is an unrelated crime??

 

[cr9]

You have not given enough information for anyone to accurately predict the outcome of your situation. What charge specifically were you put on probation for? How long were you placed on supervised probation for?

There are many other things that will factor into the outcome of your situation, like your attitude when you visited your probation officer. The kind of day they might be having when you inform them of your actions could play a large role as well.

Carl seems to think it is not likely that you will receive any jail time. He is generally dead on and has extensive knowledge of the California judicial system.

I dont have all that info but i'm gonna talk to my lawyer come monday and see what happens. I hope carl is right again and I don't go to jail I like to think I'm a good honest person :/

 

[cr9]

Oh last thing I have a medicinal marijuana card from the doctors for my depression/anxiety can I just show that to my probation officer and she wont violate me??