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  1. #1

    Default Going to a Drug House While on Probation

    My question involves criminal law for the state of: california


    My friend got put on unsupervised probation and ordered to drug rehab. He/she was assigned to 6 months, but stayed for a whole year. He/she has a medical marijuana card for real reasons, and is under the impression that california law no longer accepts marijuana as an 'illegal drug' anymore as long as a valid prescription is present. He/she has never been contacted, or come in contact, with any police enforcement and/or never been arrested for anything while on probation. He/she is going to college and trying to make a better life.

    However, my friend(we'll call him dave), Dave, trusted the wrong people. Dave says some friends he hadn't seen in awhile(after somewhat unheartening experiences with them), and taken to an unknown house, where dave saw them all using their sweatshirts with the door handle, noticed no pictures on the wall, and then noticed a smell of marijuana in the air. Around this time, daves club card got stolen as well, and we can only assume its being used against him in some way. Me and dave can't figure out exactly what went on in that house.
    Dave also think that they set up what seems like an incriminating photo/situation, when in fact it is the complete opposite.

    My questions are these:
    If a probation violation is in place, would the probationer immediately be contacted/detained? Could they wait to hold it against him at his court date(final court date)?

    Is this even real evidence? My friend has never been caught doing anything illegal, thus never arrested, so what could a couple fingerprints on a door handle and a picture(which, btw, dave thinks was made to look like he was selling or doing drugs) really even prove? I know my friend is innocent, as i'm the only one who's been with him the whole probation time period, and I know my friend is honestly trying to make a better life.

    How would one disprove this b.s.?

    What's the likely outcome if a PV(whether or not it's fair) is in place? My friend is deathly scared of jail from bad experiences, and since they were originally on unsupervised probation, is it reasonable to think that they could avoid jail and just be on supervised probation?

    Can a probation violation occur on any type of probation without ever being arrested?

    And wouldn't a law enforcement agency detain/inform a probationer under suspicion of violating probation IMMEDIATELY, and not wait 6 months?

    I greatly appreciate anybodies help! we're desperate.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Unsupervised Probation, Setup Situation

    Your understanding is completely wrong. There's no such thing as a prescription marijuana in California. You can get a recommendation from a doctor for medical use, but that's not a prescription. Having a medical marijuana card doesn't absolve you from not using drugs if that is what the terms of your probation state.

    The conjecture is too vague to really give you an answer (it's hard enough to understand). If the conditions say stay away from drugs, he should do so. Inadvertent contact with other marijuana is excusable but should be avoided. What "club card" is Dave missing? What was the police involvement in all of this?

  3. #3

    Default Re: Unsupervised Probation, Setup Situation

    That's the part where dave usually loses people- there hasn't been ANY police involvement. He just knows what he saw. And the club card is the medical marijuana card, I aplogize for the terminology.

    It is a confusing situation. Over-all, he thinks he was set up for a crime, but since no police involvement occured, he has no idea how, why, or for what.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Going to a Drug House While on Probation

    Quote Quoting tryingtobebetter
    View Post
    My friend got put on unsupervised probation and ordered to drug rehab. He/she was assigned to 6 months, but stayed for a whole year. He/she has a medical marijuana card for real reasons, and is under the impression that california law no longer accepts marijuana as an 'illegal drug' anymore as long as a valid prescription is present.
    Does the court and probation KNOW he is using marijuana? If he tests dirty for marijuana, his probation can almost certainly be violated if this was not first approved by the court. Typically people on prbation for dope are NOT permitted to have marijuana, either.

    However, my friend(we'll call him dave), Dave, trusted the wrong people. Dave says some friends he hadn't seen in awhile(after somewhat unheartening experiences with them), and taken to an unknown house, where dave saw them all using their sweatshirts with the door handle, noticed no pictures on the wall, and then noticed a smell of marijuana in the air. Around this time, daves club card got stolen as well, and we can only assume its being used against him in some way. Me and dave can't figure out exactly what went on in that house.
    "Dave" is full of hooey.

    He is either horribly naive, or, most likely, he knows what went on, got jammed up, and is now trying to get help to get out of what might be a sticky situation.

    If a probation violation is in place, would the probationer immediately be contacted/detained? Could they wait to hold it against him at his court date(final court date)?
    They are not obligated to contact him immediately about it.

    What makes him think he got caught in this place or that it would get him violated? If he did not see any drug use but only smelled marijuana, what makes him think he will get in trouble. Did he use something?

    Is this even real evidence? My friend has never been caught doing anything illegal, thus never arrested,
    Yes he has ... he's on probation. That means caught and convicted.

    so what could a couple fingerprints on a door handle and a picture(which, btw, dave thinks was made to look like he was selling or doing drugs) really even prove?
    By itself, it proves little more than he was there. Again, what makes him think the police or someone knows he was there or doing anything illegal?

    Why should he be worried? if he did not do anything, they have nothing to bust him on.

    I suspect there is more to the story.

    How would one disprove this b.s.?
    The state has to prove a crime, not the other way around. But, as he is on probation, they could revoke it with little cause. As there appears to be no police involvement, why should he worry Unless, of course, there is more to the story ...

    Can a probation violation occur on any type of probation without ever being arrested?
    Yes. And the penalty could be that he goes back to jail for the balance of his term.

    And wouldn't a law enforcement agency detain/inform a probationer under suspicion of violating probation IMMEDIATELY, and not wait 6 months?
    Usually, but not always.

    But, again, what makes him think law enforcement had anything to do with the dope house he was at? Was he there with people making a buy, and does he think it was a controlled buy or sting operation?

    Dave's not giving you the whole tale.

  5. #5

    Default Re: Going to a Drug House While on Probation

    dave is horribly naive..

    he wasn't there to do anything illegal, he was taken there told it was just a get together with 'old friends'. He had done some pretty messed up things involving these friends and was scared to even see them, but they acted like they were friendly. however, his feelings changed toward them after this encounter at the house.

  6. #6
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Unsupervised Probation, Setup Situation

    What would these supposed friends be setting him up for? I'm thinking "Dave" isn't telling you the entire story. Is "Dave" implying law enforcement set this up, as well as stealing his club card, in order to get him for a violation? I assure you law enforcement has much better things to do with their time.


    Since he's unsupervised, it may not come up until his probation discharge hearing or if there is a status hearing prior to that. It is allowed. The outcome we cannot predict. Could be more probation, supervised this time, or jail.

    If he had conditions to his probation, regardless of the supervision status, and he violated them...then a probation violation occurred.

    No, law enforcement may not necessarily make an immediate arrest. There are a lot of facts you and/or "Dave" are leaving out of this story. How it is handled by LE, probation and the courts will depend on the full facts. All we have here is a muddled, disjointed conspiracy theory.

    Oh, and there is no such thing as a prescription for marijuana. It is a "recommendation" as prescriptions are regulated by the DEA, which still classifies marijuana as an illegal substance.

  7. #7

    Default Re: Unsupervised Probation, Setup Situation

    He doesn't exactly know what they might have set him up for, and because nobody contacted him, he just knows what he saw happened and how these people were acting. From that he took it to be drug related, it could be anything though. He doesn't think that it's the police setting him up, he thinks it's people from his past, people of gang relation who might have the motivation for revenge(as what i didn't mention is he left halfway across california for the program, and then once he returned, all this occured.

    So a probation violation is hearsay? In the sense that no arrest has to even occur?

    How would once go about finding out if a probation violation occured(as in would be brought up in court)? Getting a lawyer?

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