Question for the Experts

Conine · 08-09-2002, 08:03 AM

Know a guy busted for posession. Court date is this month.

After he got busted, before the court date, he was busted AGAIN for posession and paraphenelia. Court date is September.

Since he hasn't had his court date yet, I was wondering how these offenses will relate to each other. If he gets probation for the first one, will he be in violation of it due to the second one? Seems like the probation would start once he actually received it.

Just to make it trickier, he got a letter from the DA about the second offense, saying he could elect to do some sort of probationary program since it was his first offense, etc etc.... I wonder if he can accept this offer since it isn't his first offense? But hey, if he gets his charges dropped on the first one, it would be the first offense....boy my head hurts...

And just to make it extra complicated, the 2nd offense offer has a deadline one week before the trial of the 1st offense, so he can't wait to get the outcome!

OK, I know things vary by state and county, but if anyone has any thoughts or ideas on the matter, can ya let me know? My head's spinning for him.

**dedbr** · 08-09-2002, 12:33 PM

that I definately know something about,at least as far as the state of Ohio is concerned.

Disclaimer:This is not a exacting answer.I am not a lawyer and have no legal experience other than what has been my own personal experience,which is exactly what this answer is going to be,personal experience.

I was careless one day and pulled out in front of a car and had a minor fender bender.Before I could go to court for the first one,I did the exact same thing again not two blocks from where the first one took place.

Now Conine,I realize that this is not the same charge,but maybe it can help you as far as perspective on the charges that you have.

I went into the court and told the judge about the second set of charges and what had happened.He said that the second accident had no bearing on the first,and that we would worry about it when it came to trial.Cool,I thought.

I received a fine and suspended sentence.

I went to court on the second one and received a fine and suspended sentence on it, too.On the second one,the judge added the comment that I needed to slow down before I really hurt someone and not have just a fender bender.

He really acted like it was no big deal,and all my sweat was for nothing.Before I even had a chance to think about it it was over and he was calling the next case.

I think in your case,you need to keep in mind that every time you get caught you raise the penalty for what you do.

Tell you're friend to keep his head down and try to stay away from the police for about the next three years.

Tell him,too,that I said good luck!

Shaman · 08-09-2002, 06:44 PM

Connie;
Prop 36 enacted treatment instead of jail time for first 2 offenses. So it sounds like he should be safe to me.

*edit* Duh... litterat....read.....stupid...shaman.... LA means louisianna, not farking Los Angeles. Please ignore nonsensical post.

goldberry · 08-09-2002, 10:31 PM

dedbr was yours ruled in a civil court? if so then these two cases may be handled differently. I don't see how this is not going to be brought up by the prosecutor on his court date he has not gone to yet.

<edit - it made sense at the time

>

conine: are you in louisiana or los angeles?

**dedbr** · 08-10-2002, 01:47 PM

that it should be a simple case of misdemeanor possesion,so I don't really see this as a big deal!

It wasn't mentioned in the original post,but here in Ohio,anything under three and a half ounces is a misdemeanor.Even here it would only increase the fine to about two hundred and fifty dollar's for the second offense and perhaps some intensive drug counseling.

No big deal for a citizen of Ohio.

The big loss here in Ohio is the loss of getting loan's to go to school because of the facist drug conviction law's when it comes to our educational right's.

But I won't go into that here....

Conine · 08-13-2002, 02:47 AM

LA is Louisiana. Although there are probably more people in L.A. than in all of LA.

I guess I'll let ya know what happens with him.

08-09-2002, 08:03 AM	#1
Conine Seasoned Activist Join Date: Oct 2001 Posts: 1,587 Grams: 5,429.00 Thanks: 0 Thanked 0 Times in 0 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	Question for the Experts Know a guy busted for posession. Court date is this month. After he got busted, before the court date, he was busted AGAIN for posession and paraphenelia. Court date is September. Since he hasn't had his court date yet, I was wondering how these offenses will relate to each other. If he gets probation for the first one, will he be in violation of it due to the second one? Seems like the probation would start once he actually received it. Just to make it trickier, he got a letter from the DA about the second offense, saying he could elect to do some sort of probationary program since it was his first offense, etc etc.... I wonder if he can accept this offer since it isn't his first offense? But hey, if he gets his charges dropped on the first one, it would be the first offense....boy my head hurts... And just to make it extra complicated, the 2nd offense offer has a deadline one week before the trial of the 1st offense, so he can't wait to get the outcome! OK, I know things vary by state and county, but if anyone has any thoughts or ideas on the matter, can ya let me know? My head's spinning for him. __________________ Freedom is the right to choose the habits that bind you. Posting Guidelines

08-09-2002, 12:33 PM	#2
dedbr Domestic War Veteran Join Date: Mar 2001 Posts: 7,502 Grams: 75,005.41 Thanks: 3,034 Thanked 2,736 Times in 1,261 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	This is a question... that I definately know something about,at least as far as the state of Ohio is concerned. Disclaimer:This is not a exacting answer.I am not a lawyer and have no legal experience other than what has been my own personal experience,which is exactly what this answer is going to be,personal experience. I was careless one day and pulled out in front of a car and had a minor fender bender.Before I could go to court for the first one,I did the exact same thing again not two blocks from where the first one took place. Now Conine,I realize that this is not the same charge,but maybe it can help you as far as perspective on the charges that you have. I went into the court and told the judge about the second set of charges and what had happened.He said that the second accident had no bearing on the first,and that we would worry about it when it came to trial.Cool,I thought. I received a fine and suspended sentence. I went to court on the second one and received a fine and suspended sentence on it, too.On the second one,the judge added the comment that I needed to slow down before I really hurt someone and not have just a fender bender. He really acted like it was no big deal,and all my sweat was for nothing.Before I even had a chance to think about it it was over and he was calling the next case. I think in your case,you need to keep in mind that every time you get caught you raise the penalty for what you do. Tell you're friend to keep his head down and try to stay away from the police for about the next three years. Tell him,too,that I said good luck! __________________ Though my soul may set in darkness, It will rise in perfect light. I have loved the stars too fondly, To be fearful of the night." Sarah Williams Our Posting Guidelines (Check 'em Out!.....)

08-09-2002, 06:44 PM	#3
Shaman Seasoned Activist Join Date: Mar 2001 Posts: 1,509 Grams: 5,409.60 Thanks: 0 Thanked 2 Times in 1 Post Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	Connie; Prop 36 enacted treatment instead of jail time for first 2 offenses. So it sounds like he should be safe to me. edit Duh... litterat....read.....stupid...shaman.... LA means louisianna, not farking Los Angeles. Please ignore nonsensical post. __________________ It seems like we are either sleepwalking through our waking state or wakewalking through our dreams.

08-09-2002, 10:31 PM	#4
goldberry Sr. Member Join Date: Mar 2002 Posts: 894 Grams: 5,204.25 Thanks: 0 Thanked 1 Time in 1 Post Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	dedbr was yours ruled in a civil court? if so then these two cases may be handled differently. I don't see how this is not going to be brought up by the prosecutor on his court date he has not gone to yet. <edit - it made sense at the time > conine: are you in louisiana or los angeles? __________________ "Is our children learning?" George W. Bush

08-10-2002, 01:47 PM	#5
dedbr Domestic War Veteran Join Date: Mar 2001 Posts: 7,502 Grams: 75,005.41 Thanks: 3,034 Thanked 2,736 Times in 1,261 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	Seem's like to me... that it should be a simple case of misdemeanor possesion,so I don't really see this as a big deal! It wasn't mentioned in the original post,but here in Ohio,anything under three and a half ounces is a misdemeanor.Even here it would only increase the fine to about two hundred and fifty dollar's for the second offense and perhaps some intensive drug counseling. No big deal for a citizen of Ohio. The big loss here in Ohio is the loss of getting loan's to go to school because of the facist drug conviction law's when it comes to our educational right's. But I won't go into that here....

Hot Products:

Orange Krush - Legal Bud

Black Magic Solid Smokes

Vapir One Vaporizer

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)