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  1. #1
    Join Date
    Sep 2007
    Posts
    2

    Angry Violation of Probation and New Offense

    I live in California and my son was arrested approx 2 years ago for possession of pot with intend to sell (1/2 oz). They found a scale along with items used to smoke it. He was (and is) on felony probation, did 90 days of swap, 15 drug class sessions, and the DA would drop to a misdemeanor in a year if there were no other problems. He completed all and paid all fines, with two months left he admitted to using cocaine to his PO, no drug test was documented. He did 8 days in county jail, 60 days swap, 15 more drug classes, and probation was reinstated. He completed all once again-he has held a full time job, gone to college full time through this all, and been financially responsble for it all. Recently he was pulled over for DUI in another county (had permission to be there) and is 20 years old. The county that he got the dui in sent him to the other county for violation of probation and when he is done serving time he will go back to the other county for dui prosecution. He has chosen to drop all his classes and do his 90 days in jail for probation violation-what are the pros to doing this? What is likely to happen when he goes to the other county for DUI (first offense)? Thanks for any info that can be given.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Violation of Probation and New Offense

    If he's lucky he will get sufficient jail credit that he won't have to do more jail time. Beyond any jail time, he'll get fined, have his driver's license suspended, get sent to DUI school, and get more probation.

  3. #3
    Join Date
    Sep 2007
    Posts
    2

    Default Re: Violation of Probation and New Offense

    Even if he has to face the DUI charges in a different county, he would get credit for time served? I have since found out that when he was arrested for the DUI he was held for 4 hours and released. Two weeks later he was detained for violation of probation. Is it because it is different counties that it took so long to be picked up for the violation that had happened two weeks prior? Is this going to make a difference in sentencing? Thanks for any help.

  4. #4
    Join Date
    Sep 2007
    Location
    Jacksonville,Fla
    Posts
    7

    Post Re: Violation of Probation and New Offense

    I am kinda in the same situation with my boyfriend. He is on Felony Probation and was recently in an accident in which he got a ticket for reckless driving (He has already paid the ticket) and also had to go to court for leaving the scene of the accident. Five days before he had court for the leaving the scene he was arrested and put in jail. He got the tickets in a different county other then the county that arrested him. He was in jail for this court hearing so he didnt go.. He had 2 hearings in 2 different counties at the same time.. When he is released from the county he is jail in then he will have to contact the county in which the tickets are in to make another court date. I am hoping they just give him a fine.. (He did stop at the accident and told that guy he had to go because he had to be at court for his probation) but do to him not being there when the police showed up they are getting him for the leaving the scene of an accident.

    GOOD LUCK

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