Ok important question. Case Scenario:Someone was just released from Federal prison back in July 2005 and is currently on Federal probation.
During this past weekend, this person was driving home drunk-made it all the way to the neighborhood, but passed out behind the wheel and rolled into a parked car. Oh that is not all. The police woke this person up, only to find about 8-9 grams of cocaine (or in his words "2-8 balls) in his pocket. They then searched the house and found no more evidence of drugs.

So he calls his probation officer and she gets all the info-was kind of pissed off-but then said for him to call her on Monday if she does not contact him before hand.

My question: Do you think he will go back to prison for this violation?
He did get a DUI, no ticket for the cocoain (do you even get a ticket for that kind of thing?) is it possible for the police to just let him go on this? The cocoain would be a state thing, but the possession of a controlled substance is a federal charge-I don't know I am so confused!!!! He has a drug counselor he has to report to a couple times per month and he said he was about 90 % sure that this person would not go back to prison but I don't see how he couldn't. It's cocoain!
Does anyone have a professional opinon? or just an opinion at all? I am trying to plan my future accordingly to this situation. (ex: finances/bills, etc...)
Obviously, there are more details, but I have given you the major rundown of the situation.
Your thoughts are appreciated... Thank you.

RickJ

Unfortunately you can never guess. We're battling over a judge here in ohio who let a repeat offender get off on something and he went out and did something horrible.

They're calling for his head on a platter but that does not help the victim or the victim's family.

ScottGem

Talk to his PO. If he is on parole, any criminal activity might be enough to revoke the parole.

Depressed in MO

He already spoke to her and she said to call her back on Monday if he has not heard from her before then...I don't think she will talk to me about his situation, much less give me an outlook. I'd probably make myself look like an *** for trying to contact her.
That is right-any criminal activity can provoke the parole-but what extent of criminal activity?

serialwife

It really depends on the terms of his probation contract. If you are in a relationship with this person and they are already violating probation with minor offense it will more than likely get worse. As for ignoring the cocaine, i highly doubt that is the case. He may have been written for a DUI under the influence of drugs and alcohol. Or perhaps they will just bring the subsequent charge out in court.

kp2171

my cousin's house was run into by a drunk driver.

at the sentencing, after the DUI charge and prop damage, the prosecution stepped out into hall for a moment.

two officers (i don't know the uniform) came in and informed him that he was also being charged with posession of drugs and being under the influence. his family raised some noise, saying that he could not be charged weeks after... well, they were wrong.

my cousin was later told this is not uncommon. to get a person into the court on lesser charge, and then bring up the others that might keep him from showing in the first place.

i don't know if this is the issue here, and i might not have all the fact right in my cousin's case, but its pretty close to what i said. he walked away thinking that it was a pretty effective way to get the guy into the courtroom without a fight or fleeing.

Fr_Chuck

Hello, I doubt if the amount of drugs was enough to bring it under a Federal statue of any type. The drugs could be either a city or state crime, most likely a felony, but it depends on how it was found and if they had probable cause to even find them. ( plus untill they send them to a lab and have the verified they can not prove they are drugs yet, only suspect they are drugs.

Local police in GA if they send the drug to the crime lab have about a 3 month wait to see if the drugs are real or not. If the officer on the scene was certified in drug intervention, and had the proper test equipment with him, he could do a on the scene test, but these can only be used to bind them over ( make the arrest) but can not be used to convict in a trial.

They perhaps are goiong to try and use the drug issue ( and going back to jail) as a way to turning him and getting him to say where the drugs came from. ( this is very commom)

And many officers just don't want to take the time and trouble of making an arrest on a small amount of drugs. ( by the time they fill out evidence sheets, arresting and booking forms, take him back to a jail, and go to the hearings, they have the entire rest of thier shift off the streets and in the station doing paper work.

Also you said he got a DUI, for a correct DUI, he would have had to be taken in for a breath or blood test into the police station and not just ticketed at the scene, since normally the field sorbrity tests are not enough for a DUI conviction

And really, no I doubt that this one case for a small amount will send him back to prison ( also what was his orginal arrest for, that can also make a difference)

But if the probation officer had planned on it, they would have revolked it as soon as they found out about it.

It is not like on TV, even if they probation officer picks him up, he would be held pending a court hearing, and then the judge would decide if he should go back to prison or not.

Depressed in MO

Thank you so much for your reply. He was in the neighborhood when he passed out drunk and ran into a parked car. neither vehicle was really damaged except for a big scratch. The funny thing is, the officer at the scene did not give him a breath test or anything like that. They did ticket him with a dUI however. They brought him to our house after they found the cocoain in his pocket, and we gave him consent to search the house, and he did (not very thoroughly by the way-even though there were no drugs there-he did a very poor search!). When he was finished they took him to the county jail, booked him, and released him. I picked him up shortly thereafter.-What a mess! So you think he will be ok?

Fr_Chuck

The officer at the scene would not do the breath test ( ok they can give a pocket test but the real DUI breath test is this machine larger than your home computer and the person giving the test may not be a police officer but a tech that does nothing but the test or does booking at the jail.

If he did not do this, the DUI would not stick at least in GA or TN.

It is just my guess, but yes, I think he will pay a fine for the accident, perhaps lose his drivers licence but I really don't think he will go back to prison.

Depressed in MO

Well he contacted his parole officer yesterday and asked her the status because we need to move, but I can't move into the place we would like to go to because if he goes to prison, I'm going to be expected to pay all of his bills and things like that. She said that he was in a lot of trouble, and that she could not answer that question for him. She said that was a chance he would have to take until she received more facts.
Did I mention that along with the cocoain he also had a clip of money in the amount of $2300.00?-They searched our house! They already took his license away and he did receive a ticket for a DUI-he is in a lot of trouble. Again, I just don't know to what extent. Although we've been together for about 7 yrs.-I'm thinking of not being there for him anymore. He's already been to prison twice during which he promised that he loved me so much and we were soul mates and blah blah blah. I was paying all of his bills then too! Then he was released just last July and since then he has cheated on me repeatedly, he hasn't helped me raise any of our children-then all of a sudden he is in trouble again and he really needs me. Even now with all this going on-he still continues his strange behavior. He must not be very smart because this is not how you get a beautiful smart woman to stick with you during a time of need. Anyway, sorry...I needed to vent...