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  1. #1
    Join Date
    Oct 2012
    Location
    Toms River, New Jersey, United States
    Posts
    2

    Default Probation Violation After Being Caught With Drugs

    My question involves criminal law for the state of: New Jersey I am on probation for a year with no problems until yesterday, I was in a friends car and we got pulled over. I was charged with drugs even though it was his car and we both got charged the same, having 6 bags of cds, I was arrested and given a summons and sent home. What is going to happen to my probation now? I only have 6 more months left on probation.

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Probation Violation First Time

    You more than likely will be violated. You will be violated for the new arrest and for any deficient conditions of your current supervision. Some courts will enter and continue a petition and allow you to continue your supervision until there is a judgement on the subsequent offense. Other courts will place you in custody until the new offense has a judgement.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Probation Violation First Time

    You are either guilty of drug possession or hanging around criminals. Either can get you violated.

  4. #4
    Join Date
    Oct 2012
    Location
    Toms River, New Jersey, United States
    Posts
    2

    Default Re: Probation Violation First Time

    Even though the drugs were not mine? I dont understand how I got charged when they were in his car and were his?

    - - - Updated - - -

    What kind of new charges am I looking at?

  5. #5
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Probation Violation First Time

    Um...the new charges of drug possession? You know, the charges that are written on your summons? Those new charges?

    As to how you can be charged for the drugs, google the definition of constructive possession. You are already on probation (although you don't mention what type of crime(s) got you there), yet you chose to continue a lifestyle that put you in association with drug users and their drugs. You took your chances and the dice came up snake eyes. So, yes, in addition to the fresh charge of drug possession, you are likely to get a probation violation. That could mean additional conditions, an extension of your probation time, or having your probation revoked and the full sentence from your original offense being imposed...it will all be up to the recommendation of your PO and what the judge decides. You may not be eligible for a public defender for probation violation issues. So, I would advise investing in a good attorney sooner rather than later.

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