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Probation

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randu

Junior Member
What is the name of your state (only U.S. law)? Virginia

I had a court case on 10/20/10 for Posession of Marijuana. I thought I could continue it once again, but the judge didn't grant that. I had to go to trial or go to probation. I had no lawyer and decided to go to probation. I signed all paperwork and Im currently on probation for 6 months. Restricted drivers license, ASAP classes and community service. I had another court case on 11/3/10 for Posession of Marijuana again, but continue it to 02/05/11. Before going to my first posession charge on 10/20/10 I already had the other court case for 11/4/10 for the other posession charge. When I go to court on 02/5/11 would it be considered as violation of my probation or since I already had that charge before being on probation it would not be considered like that. What could I expect?

Will they extend my probation period and my suspended drivers license? or will I be charged as 1st offense since my first court case is pending because I'm on probation?
 


or will I be charged as 1st offense since my first court case is pending because I'm on probation?
The second offense will be treated exactly as that--a second offense. The courts could very well revoke your probation and have you stand trial for both offenses.

You are in trouble.

I would suggest a lawyer.
 

dave33

Senior Member
It is hard to discern whether you were on probation when you got charged. If you were not on probation when you were charged than it cannot be a violation if you were not yet on probation.
 

FlyingRon

Senior Member
Yes, I agree with Dave, it's hard to tell based on the way you've expressed your timeline but if it is indeed:

1. Committed offense #1
2. Committed offense #2
3. Went to court for offense #1 and found guilty
4. Going to court on offense #2

You're not guilty of probation violation, and you may even avoid getting this counted as a second offense. You should definitely be talking to a lawyer on the second charge though. They may be disinclined to offer you a break if they know your history.
 

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