violation question

[aaamber222]

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


I have a question about violations... My boyfriend of 2 years was sentenced to a 2 year probation sentence, but he was also told to go to a 28 day program for marijuana. Anyway, he was stupid enough to walk out and on the following week of probation, he got violated. His court date is on Tuesday. In the mean time, he managed to sign himself up for IOP intensive out patient program and he wants to remain there as long as it takes and offer this deal with the judge and possibly prolong his probation ( he is trying to avoid jail time ). Since he got violated for failure to comply with treatment, he technically on his own time signed up for a program because he was not allowed back into the in patient for a whole month. Could this be a good or bad outlook for the judge to make a decision to benefit my boyfriend? It's confusing, because I think it would look worse for him if he hadn't signed up at all, but he did. He didn't get kicked out of the inpatient he just walked out. I'm not sure what to think of this, and I hope they will not put him in jail. Anyone have any thoughts?

 

[Proserpina]

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


I have a question about violations... My boyfriend of 2 years was sentenced to a 2 year probation sentence, but he was also told to go to a 28 day program for marijuana. Anyway, he was stupid enough to walk out and on the following week of probation, he got violated. His court date is on Tuesday. In the mean time, he managed to sign himself up for IOP intensive out patient program and he wants to remain there as long as it takes and offer this deal with the judge and possibly prolong his probation ( he is trying to avoid jail time ). Since he got violated for failure to comply with treatment, he technically on his own time signed up for a program because he was not allowed back into the in patient for a whole month. Could this be a good or bad outlook for the judge to make a decision to benefit my boyfriend? It's confusing, because I think it would look worse for him if he hadn't signed up at all, but he did. He didn't get kicked out of the inpatient he just walked out. I'm not sure what to think of this, and I hope they will not put him in jail. Anyone have any thoughts?

(I have a feeling the most popular answer would be "yes, he's an idiot", but I'll spare you!)

Was there actually a reason he walked? At all? Something vaguely legitimate?

 

[aaamber222]

My boyfriend obviously didn't think but he sat in group and I guess when you're there for something like weed and people talk about horrible things they did with drugs such as coke and heroin he felt so disgusted, so when he walked out he was determined not to smoke anymore because he did not want that life style. So, that's the reason. He hasn't touched pot since. But he entered a program in the mean time, (his court date is tuesday) which is an IOP, so I hope they will look at it like a long term IOP is better than 28 days and they won't put him in jail. (I'm one of those people that believes treatment over incarceration) I am wondering though, does offering this to a judge help his chances? Or hinder them??

 

[Proserpina]

My boyfriend obviously didn't think but he sat in group and I guess when you're there for something like weed and people talk about horrible things they did with drugs such as coke and heroin he felt so disgusted, so when he walked out he was determined not to smoke anymore because he did not want that life style.

As you're obviously aware this is possibly the worst decision he could have ever made in that situation. He doesn't get to walk of his own accord, specially when it appears to be over the relative "wrongness" of different substances.

(he could have had that epiphany without leaving)

So, that's the reason. He hasn't touched pot since.

The reason isn't going to help him at all unfortunately although if he tests clean - and he will be tested - that's never a bad thing.

But he entered a program in the mean time, (his court date is tuesday) which is an IOP, so I hope they will look at it like a long term IOP is better than 28 days and they won't put him in jail. (I'm one of those people that believes treatment over incarceration)

He already had that chance and blew it. They already gave him that treatment option and he decided it wasn't to his liking. That was not his choice to make - period.

I am wondering though, does offering this to a judge help his chances? Or hinder them??

Well, if he's lucky he will have a very understanding and forgiving judge. But honestly he needs to prepare for doing at least some time.

Does he have an attorney? If yes, what is the attorney advising? If no, why the heck not?!

 

[aaamber222]

He just wants to make it very clear to the judge that he made a stupid mistake while not even thinking about the repercussions. He wants treatment. I think if you argue that, instead of arguing that you don't need treatment it sounds a lot better. I am just very concerned and worried for him on Tuesday. I have no idea what this judge will do.

 

[Proserpina]

He just wants to make it very clear to the judge that he made a stupid mistake while not even thinking about the repercussions. He wants treatment. I think if you argue that, instead of arguing that you don't need treatment it sounds a lot better. I am just very concerned and worried for him on Tuesday. I have no idea what this judge will do.

Well, if you're *that* anxious you could - I suppose - try to find out how the judge tends to rule in these cases. Does he actually have an attorney, btw?

The problem here is that he has effectively implied that the court's word matters less than his own opinion. This is not going to win him any favors. But you're right in one aspect - adopting humility and the utmost respect for the court won't hurt him at all.

It might not help him, but it certainly won't hurt him.

So, does he have an attorney?

 

[commentator]

It sounds to me very much like this person wants to tell the judge what he should do and how he should be handled. I can't help but think this is not going to fly with any judge in the world, as they have certainly seen this attitude many times before. It is classic controlling addict behavior. I, unlike these other really trashy people who are addicted to bad things, not harmless old pot like I,(and of course i'm not really addicted, since I can stop any time and I have and I'll never use again!) should be able to chose where and how I go to rehab. I suggest he get an attorney to speak for him to the judge, or he's going to be looking at some rehab time in a facility NOT of his choosing.