Results 1 to 7 of 7
  1. #1

    Default Is Marijuana Use a Probation Violation After Transfer to a State Where it is Legal

    My question involves criminal law for the state of: Washington. If a unsupervised probation formisdemeanor marijuana is transferred to Washington that legalized it and I received a citation f to appear in Municipal court for a trespassing and obstructing a police officer will they consider my probation as violated? Also if they say it is violated because it is now in Washington where the crime is legal how does that affect the punishment or conse unless nice?

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

    Default Re: Probation for Marijuana Poss Transferred to State That Legalized It and Violated

    Nearly every probation transfer I've seen requires you to live up to the terms of the probation in BOTH states (the one transferred from and transferred to). I can also almost bet that drug use is forbidden, even that which may be legal (they also put prohibitions or restrictions on alcohol even though that is typically legal otherwise).

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Probation for Marijuana Poss Transferred to State That Legalized It and Violated

    If the terms of your probation are that you are not to possess or use weed then even though it is legal for people to use weed in Washington state under state law you still violate your probation by using it. Remember, possession and use of marijuana is still illegal under federal law. You need to strictly follow the terms of probation. So do you really need the high you get from weed so badly that you would risk violating probation and possibly ending up serving time in jail? Be smart and keep off the weed if it violates your probation.

  4. #4

    Default Re: Probation for Marijuana Poss Transferred to State That Legalized It and Violated

    My ORIGINAL conviction was for possession and the probation was transferred here and I was given a citation to appear in Municipal court for obstruction of an officer and trespassing and am wanting to know if those would be considered violations of the probatisince I wasn't arrested or charged just cited on a ticket and given a motive to appear. The part I imagine was confusing you was when I asked if that is a violation and they revoke the probation that would mean I am subject to arrest and jail but I am curious how it is handled when a transferred probation is revoked for a crime that is legal here. I want to know A is it violated by the two citations B what is the penalty standardly and C if it's revoked and I am arrested for the original crime how do they decide the punishment for a crime that is legal in this state A lot of info and a lot of factors that I hope you can inform me on. Thank you

  5. #5
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Probation for Marijuana Poss Transferred to State That Legalized It and Violated

    The fact that Washington state law does not make pot possession a crime quite simply is irrelevant to this. The answer to your question is what I told you before: it depends on exactly what your terms of probation are. If the terms of probation are that you not violate any laws, for example, then a conviction on any criminal charge, including criminal trepass and/or obstruction, would violate your probation. Note that the fact that you were not arrested and were given a citation to appear does not mean you are not facing criminal charges. Again, what this boils down to is exactly what the terms of your probation are. I haven’t read the terms of your probation so I can’t tell you whether this will violate it.

    Quote Quoting Aliciasuperchick
    View Post
    I want to know A is it violated by the two citations B what is the penalty standardly and C if it's revoked and I am arrested for the original crime how do they decide the punishment for a crime that is legal in this state A lot of info and a lot of factors that I hope you can inform me on. Thank you
    The sentence for the pot possession crime was already set by the court that sentenced you. Washington courts cannot change that. If you violate probation, what the courts can do is revoke your probation make you serve that sentence.

  6. #6
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: Probation for Marijuana Poss Transferred to State That Legalized It and Violated

    Any contact with police you have to tell your PO. Even if you weren't arrested you were still cited. You still broke the law.

    Your PO can violate you for this citation.

    They probably won't file to revoke over that. It doesn't matter if marijuana is legal there. You're on probation and you can't do it. If they file to revoke you go back to your original state.

    Maybe clarify your questions next time. You got answered what you asked. Don't get frustrated at people because you didn't word it right.

  7. #7

    Default Re: Probation for Marijuana Poss Transferred to State That Legalized It and Violated

    Quote Quoting qwaspolk69
    View Post
    Ugh do you even read the guidelines of your probation?? Any contact with police you have to tell your PO. Even if you weren't arrested you were still cited. You still broke the law.

    Your PO can violate you for this citation.

    They probably won't file to revoke over that. It doesn't matter if marijuana is legal there. You're on probation and you can't do it. If they file to revoke you go back to your original state.

    Maybe clarify your questions next time. You got answered what you asked. Don't get frustrated at people because you didn't word it right.
    I apologize and am not being very gracious to people and I am sorry but this just popped up and I am just discovering potential r reprocussions. My only question in regards to your answer is what would I do in the case of no PO because I am unsupervised? Also you indicated I should go back to my home state and I am wondering why that would be best for me? Now I'm gonna go apologize to another post for being a jerk haha

    1. Sponsored Links
       

Similar Threads

  1. Probation and Parole: What Happens if You Violate Unsupervised Probation by Committing Additional Offenses
    By Aliciasuperchick in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 04-08-2017, 04:01 PM
  2. Probation and Parole: If You Transfer Probation Can the Receiving State Give You Unsupervised Probation
    By llstjohn in forum Probation, Parole and Incarceration
    Replies: 2
    Last Post: 04-06-2017, 10:40 AM
  3. Probation and Parole: Getting a New Probation Transfer After a Violation
    By artistsista in forum Probation, Parole and Incarceration
    Replies: 5
    Last Post: 09-27-2015, 07:54 AM
  4. Probation and Parole: Probation Violation After State Transfer
    By collection in forum Probation, Parole and Incarceration
    Replies: 5
    Last Post: 12-18-2013, 03:54 PM
  5. Probation and Parole: Probation Transfer and Traffic Violation in Original State
    By mywonderfulhusband in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 09-19-2007, 08:03 AM
 
 
Sponsored Links

Legal Help, Information and Resources