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  1. #1
    Join Date
    Sep 2011
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    3

    Default Repeated Juvenile Probation Violations - Ramifications

    My question involves criminal law for the state of: California
    My 16 yr old stepson is currently on probation for driving infractions, marijuana and prescription drug possession. Currently doing community work. He has a medical marijuana card. He has a Deferred Entry of Judgement and as I understand it - if he makes it cleanly through 12 months of probation it gets dismissed. He has a court date next week to discuss the next move for him.
    He's not making it cleanly through probation.
    In last few weeks has been cited for at least one curfew violation, driving with friends in his car under a provisional license, and curfew/truancy from school when caught by police in a car (not his) with three other friends who were smoking marijuana and in possession of marijuana.
    Today he was ticketed by a police officer for 4 violations: Minor in possession of tobaccco (misdemeanor and noted as not correctable); provisional license (infraction - he had friends in his car - and noted as not correctable); no proof of insurance (infraction - noted as correctable); and drivers license not in possession (infraction - noted as correctable).
    My son is very troubled that he will be sent to Juvenile Hall for quite some time as a result of the issues noted above taking place during probation. Can anyone provide me with an idea of the penalty/s he might be facing next week during his court date/probation review? We'd like to get as educated as possible, as soon as possible.
    Again - California - Juvenile - Probation - Has a medical marijuana card..........thanks to all!!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Repeated Juvenile Probabtion Violations - Ramifications

    WHY does a 16 year old need marijuana? In most counties in the state, that would constitute a violation of his drug treatment program anyway. Why they are honoring a recommendation for a minor is beyond me. And if mom and dad agreed to this, WHY????

    As a note, the insurance issue might be correctable, but it will require the court to correct, not an officer.

    Also, no one can say what the penalties might be because he is already on probation. The original sentence for his possession of prescription meds offense can be reinstated, DEJ terminated, and he could be taken into custody or placed on home monitoring - either will be expensive propositions for you.

    He has a lot of problems and someone at home - mom, dad, maybe even you - need to keep on top of him or things will only get worse for him.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Repeated Juvenile Probation Violations - Ramifications

    His lawyer can give him an idea of what the judge might do.

    If you want to know what I would do if I were the judge, given that from what you say he's out of control and on a downward spiral, I would be thinking "residential therapeutic boarding school on mom and dad's dime, or incarceration." Your spouse and his ex- can't or won't control him - somebody has to.

  4. #4
    Join Date
    Sep 2011
    Posts
    3

    Default Re: Repeated Juvenile Probation Violations - Ramifications

    thank you cdwjava - the Medical Marijuana use has been prescribed as an alternative treatment to prescription drugs for ADD/ADHD and Tourette's Syndrome symptoms, which this young man has suffered from for many years. The court was frustrated on how to respond to a minor in possession of a medical marijuana card but after taking some time to review the case, went forward with honoring his card. Not sure how else to put it. Granted, his use of marijuana is far outside the prescribed use, but that's an issue between my step-son and his dad........I have no say or control and am acutely frustrated by it.
    In what I've been researching he's certainly got exposure to have his DEJ lifted/revoked..........and face other punishment. We're quite sure that custody/juvenile hall could be a possibility. Home monitoring - what's that? Especially when parents work outside of the home.......any thoughts? thank you!

    I love that head-banging icon........describes my feelings perfectly!

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Repeated Juvenile Probation Violations - Ramifications

    The alternative for custody is home monitoring through the use of an ankle brace or other program that limits movement. These programs cost money , but are often cheaper than paying for incarceration.

  6. #6
    Join Date
    Sep 2011
    Posts
    3

    Default Re: Repeated Juvenile Probation Violations - Ramifications

    Thank you Mr. Knowitall - great name btw.......
    He was in a therapeutic boarding school in Utah, but was brought home 4 years ago when his Mom was killed in a car accident........I think it's an excellent idea and I've been researching these schools - but dad isn't as inspired. I agree that we aren't able to control him, for many reasons, and someone else may eventually have to step in. To help him and halt the spiral. I really appreciate that you've responded.....it all helps......

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