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Influence of Stimulants

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MaryJessi

Junior Member
What is the name of your state?San Jose, CA- My boyfriend was chaged for influence of stimulants while walking home one night. I believe this to be false. He had been drinking hours before and coming home to his family. He was arrested, but not after the cop told him he could go. They decided to stop him again to search his pocket and ran up his name because he had his social security card in his wallet. The cops left some of his stuff there in the street, even his shoes that they made him take off. He had a warrant, so they took him in. Five cops had to hold him down at the station to draw blood from his arm twice. They say they will drop the charges if the test shows nothing in his system. Is it right for them to do this? Now he's awaiting trial for violation of probation. How long can they hold him for the charge of stimulants. He has a pending case in Stanislaus County already, in which he will have to do time for. Is it possible he may go to prison? I don't know what else to do since I can't contact him. Please give me some info on what I shouild look forward to:(
 


outonbail

Senior Member
A considerable increase in the amount due on your monthly phone bill. Resulting from a considerable increase in the number of collect phone calls you'll be receiving.
 

CdwJava

Senior Member
MaryJessi said:
My boyfriend was chaged for influence of stimulants while walking home one night. I believe this to be false.
Why do you believe it to be false? Has he ever used stimulants (generally cocaine or meth.) before?


He had a warrant, so they took him in.
Oops! Oh well, so much for his freedom.


Five cops had to hold him down at the station to draw blood from his arm twice.
That's what happens when a subject fights and refuses to allow the blood draw (which is lawful and permitted by state law). Obviously they had cause to believe he was under the influence of a controlled substance and he did not want to have them draw blood.


They say they will drop the charges if the test shows nothing in his system. Is it right for them to do this?
Yes. He was a wanted person walking down the street, apparently doing something to attract attention, and apparently high. What would you expect them to do?


Now he's awaiting trial for violation of probation. How long can they hold him for the charge of stimulants.
Until it goes to court. If he doesn't waive time, he has to go to prelim, I believe, within 45 days. (I could be wrong on the time frame - that's not my bailiwick.)


He has a pending case in Stanislaus County already, in which he will have to do time for. Is it possible he may go to prison?
It's possible. But without knowing what he has to go to court on in Stanislaus County, it's impossible to say. For the charge of being under the influence, he would not go to prison. In fact, he would likely get deferral through a Prop. 36 drug treatment program (which means a free pass ... unless he has already gone through it twice).

On a personal note, is THIS the best you can do for a boyfriend? Unless the two of you are doing dope together, what can you possibly gain from this relationship?!

'Nuf said.

- Carl
 
S

seniorjudge

Guest
Q: Now he's awaiting trial for violation of probation. How long can they hold him for the charge of stimulants. He has a pending case in Stanislaus County already, in which he will have to do time for. Is it possible he may go to prison?

A: Yes. He has demonstrated that he will not co-operate on probation. He has chosen to go to jail. BTW, there will be no "trial" for probation violation; the judge will just take a look at the report stating the facts you have given us and ship him. (This is a VERY simplified version of what will happen.)
 

calatty

Senior Member
Actually there is a hearing on a probation violation which is like a trial, unless he admits the violation.
 
S

seniorjudge

Guest
calatty said:
Actually there is a hearing on a probation violation which is like a trial, unless he admits the violation.
Correct; thus my admonition: " (This is a VERY simplified version of what will happen.)"

Let's just say that the standard of proof is really low in a probation violation hearing/trial.
 

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