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  1. #1
    Join Date
    Jun 2008
    Posts
    3

    Default Second Probation Violation

    My question involves criminal law for the state of: Michigan.

    I am currently on probation for RPNO. (Removing Property Not Owned) I have been on probation since August 2006. I am due to be released on August 1st 2008. Last June, I went in front of the judge for my first violation, which was for an M.I.P and 6 dirty drops for marijuana. I didn't have any attorney and I pleaded guilty. I kind of ran my mouth at court which is why I think he sentenced me so harshly. My P.O's reccommendation was to revoke my probation. He sentenced me 30 days in jail, 100 hours community service, 300 dollars in fines, 12 more months probation, and took away my HYTA. (the ability to have it wiped off my record) My probation officer is now violating me again, because I had 3 faint drops for Marijuana and one dirty drop. The only thing this time, is that I have honestly not smoked. Been around it, but never physically put marijuana into my body. I have a lawyer this time around, who said he talked to my P.O and her reccomendation is to give me a little community service and let me go.

    Here is what I'm working with. The judge cannot legally sentence me anymore probation. So I am done August 1st. I've served 30 days in jail already so the maximum he could sentence me counting good days is 59. The jail here in Michigan is full. I currently have 2 jobs. One which I have had over a year, and my manager actually wrote a memo saying that I am on time, and I work hard. I have been in Substance Abuse Counseling for almost a year. I haven't had any trouble with the Police since December of 2006. And I am starting back in school in August.

    I am just wondering what others who deal with the law, think my sentence will be. The worst he could give me is 59 days in jail. And Im hoping and praying that it wont come to that.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,998

    Default Re: Second Probation Violation

    The judge will typically follow the probation officer's recommendation.

  3. #3
    Join Date
    Jun 2008
    Posts
    3

    Default Re: Second Probation Violation

    I went into court on Tuesday for an Order To Show Cause. My probation officer wasn't there, so another P.O filled in for her. My attorney, The P.O, and the judge, went behind the court room because my attorney wanted more of a feel of what he was going to sentence me. My probation officer wants to put me on tether, give me community service and just let me go since I'm due to be released on August 1st. BUT, the judge feels, i didn't learn my lesson the first time, so he wants to sentence me the 59 days in jail. He didn't go with my P.O's reccommendation the first time, and he doesn't seem to be going with it this time either.

    My question is since I am to be released on August 1st, and he cannot legally pro long my probation any longer, can he sentence me jail time that will extend over my release date or not? I'm pretty sure he can. But I just want to double check. I don't think my sentencing hearing will be held till mid-July, and I feel it would be absolutely absurd if he put me in jail for 2 months, when I have two weeks left probation.

  4. #4
    Join Date
    Jun 2008
    Posts
    3

    Default Re: Second Probation Violation

    I have another question for anyone who reads this thread.

    I am going to court for dropping faint for marijuana 3 times. And then for a positive test for marijuana. We all have the right to a fair trial, so I am legally allowed if I want, to have my urine sent into the hospital for another test. I met with my probation officer March 24th, did not meet with her again until June 17th. My positive drop came back for May 16th. My urine was thrown away June 16th. So the evidence, and any chance of me fighting the court system regarding to this dirty drop was gone BEFORE I was notified that I had even dropped dirty. Will this help me at all in court?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,653

    Default Re: Second Probation Violation

    This would be probation violation #3?

    If you believe that you had three false positive marijuana results - a theory I doubt the court will buy given the "preponderance of the evidence" standard for probation violation hearings - what did you tell your probation officer? Something other than, "I'm sorry, and it won't happen again"?

  6. #6
    Join Date
    Aug 2008
    Posts
    1

    Default first Probation Violation

    my girl was put on probation for 2 yrs for possesson of cokecain. she failed 2 UA's and stop going to her probation officer after a while. they didnt find drugs in the UA just said it was dirty. they cought up with her at work and took her to jail.
    what might happen to her now? how much time is she looking at? and is it possible that she might be able to be bonded out?
    not sure if im posting in the right place

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