Results 1 to 10 of 11

Hybrid View

  1. #1
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Happens if You Refuse to Attend Substance Abuse Counseling

    If you want to violate your probation and end up with a conviction, you're definitely on the right track.

    You chose to commit a crime. You are getting a big break that you seem intent on blowing. Don't blow it.

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: What Happens if You Refuse to Attend Substance Abuse Counseling

    You seem to have some pretty incredible misconceptions. For starters, yes, you were arrested. If you hadn't been arrested, you would not have had to go to court. Continuing that thought, you were also convicted of a crime. If you hadn't been convicted, you wouldn't have been given a sentence and "punishment."...I really don't know why you put "punishment" in quotation marks as that is exactly what your sentence is! It is a penalty for having been convicted of committing a crime. Now, it sounds like you got a deferred prosecution. So, that conviction can go away...AFTER you successfully complete all the conditions of your probation. If you DON'T successfully complete ALL the conditions of your probation, not only does the conviction stand but you are also going to get slammed with the sentence you would have received without the deferred prosecution. Meaning that whatever portion of the conditions you have already completed (community service, part of your counseling, etc.) counts for nothing and you get sentenced with a hefty fine and/or jail.

    Now, keeping in mind that your sentence is intended to be punishment, it is not supposed to be painless. Yes, it is going to cost you time...that part you feel you can take in stride. And, yes, it is going to cost you money. Your choice...pay for and attend counseling or pay fines and attend jail (and live with the conviction record never going away and being disclosed to every employer you ever want to get a job with).

    As for the fingerprinting...are you still high? Getting fingerprinted costs you nothing (ok, maybe a small processing fee). The only reason you have for balking at doing it is because you are feeling you are being unjustly punished. Well, you're not. You chose to smoke weed, knowing it was illegal, and took your chances anyway. You knowingly and willingly took a gamble and lost. Suck it up.

    As a final little note, I somehow suspect that you're probation has a few more little conditions than just "don't get high for a year." There is probably some fine print in there about ANY unlawful behavior, maybe something about alcohol consumption, etc. If you screw up on day 364 of your 1 year probation...well, you get the idea.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: What Happens if You Refuse to Attend Substance Abuse Counseling

    The reference to "7411" is to deferred sentencing under MCL 333.7411. To qualify an individual is found guilty, but no judgment of guilt is entered if the person successfully completes probation. Discharge and dismissal upon successful completion of the deferral is, for most purposes, not a conviction.

  4. #4
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: What Happens if You Refuse to Attend Substance Abuse Counseling

    Which makes it imperative that the defendant complete his probation and ALL conditions ordered with it. Failure to comply results in a violation. At that time, probation can be revoked. If your county has the resources, there may be a substance abuse program within the county jail. I have seen plenty of offenders resetenced to 180 days in the jail's substance abuse program because they refused to comply with the court order.

    So...you might want to rethink your position. Once your probation is revoked, your deferred sentence become a coviction.

  5. #5
    Join Date
    May 2012
    Posts
    3

    Default Re: What Happens if You Refuse to Attend Substance Abuse Counseling

    So far, I've done everything they've asked me to do. I'm just kind of pissed off because of all the fees that this is entailing, especially when my school is already taking care of drug classes that I'm sure will teach me the same thing. It seems to me that the courts don't have the intent of helping stupid teenagers, but instead breaking their banks so that they have to take student loans and be in debt to the feds... Thank god I'm on a scholarship for the most part and don't have to take any bullshit loans. I'm not saying that I'm not going to resist this so-called treatment, I just feel that I have better things to spend my money on such as a car so I can get to school next year and further my education.

    Also, may I ask why this plant is illegal?

  6. #6
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: What Happens if You Refuse to Attend Substance Abuse Counseling

    Here we go... You can't be the victim if you knowingly and willingly engage in an illegal act. The court orders a substance abuse program for treatment of an issue that you brought to the table. The state has guidelines as to who facilitates such a program. What class is the school taking care of? Who referred you to the program? Why did they refer you? Who facilitates the program? What curriculum does it use?

    Lastly, quit commenting on how the court seems intent on breaking college students banks. There is no correlation between the court ordering you for treatment of an issue that you presented and student loans. BTW, marijuana use and a convition for it, could affect you scholarship couldn't it?

  7. #7
    Join Date
    May 2012
    Posts
    3

    Default Re: What Happens if You Refuse to Attend Substance Abuse Counseling

    Quote Quoting viol8te
    View Post
    Here we go... You can't be the victim if you knowingly and willingly engage in an illegal act. The court orders a substance abuse program for treatment of an issue that you brought to the table. The state has guidelines as to who facilitates such a program. What class is the school taking care of? Who referred you to the program? Why did they refer you? Who facilitates the program? What curriculum does it use?

    Lastly, quit commenting on how the court seems intent on breaking college students banks. There is no correlation between the court ordering you for treatment of an issue that you presented and student loans. BTW, marijuana use and a convition for it, could affect you scholarship couldn't it?
    The school is taking care of two classes, one being a civilities class the other being a drug/alcohol class. The former being a class that is about how our actions as an individual affect others. The latter being a class that teaches the negative effects of drug and alcohol use, and how to avoid becoming attached or ever using in the first place. The Dean of Students referred me to the programs because this is the normal action that the school takes for such cases. When I went to the civilities class, there were two teachers and the dean overseeing it. One was had a masters in sociology, the other had a masters but I can't think of their field.

    You're wrong on the correlation. If a student has money saved for college, but they have to pay an arm and a leg for something the court ordered them to do, the likeliness of them having to take loans for college increases as they have less money to spend on said enrollment in college.

    I spoke with the Dean about my scholarships, she said that something "as insignificant as getting busted for smoking won't alter my scholarship status", so I'm all set in that manner.

    Also, I would like to add that the topic title was changed. I never had the intention to "refuse to attend counseling", it's more of "I truly do not see the point, what should I discuss with my probation officer in regard to this counseling". Whoever changed the title should learn how to read through my first post correctly.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: What Happens if You Refuse to Attend Substance Abuse Counseling

    Quote Quoting greenghoul
    View Post
    Also, may I ask why this plant is illegal?
    From a legal standpoint? Because that's what the law says.

    For a philosophical perspective, other forums (debate the issues here, or a NORML-type group elsewhere) are more suitable for the discussion.

    1. Sponsored Links
       

Similar Threads

  1. Disqualification: Why Do I Have to Attend Mandatory Career Counseling
    By sweetcaroline in forum Employment and Labor
    Replies: 5
    Last Post: 10-30-2011, 05:46 PM
  2. How to Legally Get My Children if Their Father is Hospitalized for Substance Abuse
    By time4change in forum Child Custody, Support and Visitation
    Replies: 11
    Last Post: 04-14-2011, 05:28 AM
  3. Enforceability of Substance Abuse Assessment
    By asdf123 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 10-07-2010, 06:47 AM
  4. Military Law Issues: Inpatient at Army Substance Abuse Program (ASAP)
    By carter88zd in forum Military Law
    Replies: 2
    Last Post: 05-09-2009, 02:53 AM
  5. Children In Environment Of Substance Abuse
    By mom2002 in forum Child Custody, Support and Visitation
    Replies: 6
    Last Post: 02-25-2008, 08:53 PM
 
 
Sponsored Links

Legal Help, Information and Resources