My husband was convicted in Oct. 2003 of Spousal Abuse. He did not make contact with me but was "crazy": later found out he was in diabetic spiral. Nevertheless, he was convicted and placed on three years probation in California Court. August of 2006, he was charged with Cultivation of Marijuana which we are fighting and will win as we were not doing anything outside of the legal requirements. A month ago, he got a DUI (.08) and three days ago, they violated his probation and he is now in jail. He works full time, usually 6 days per week.

Can his probation be extended because of the Cultivation charge. If so, what if we win that case? He should have been off probation in November 2006. I understand he will have a drunk driving charge.

Just run to a lawyers office, extend probation, he will likely be going to jail (longer) if you don't act soon.

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Originally Posted by grandhaiku

My husband was convicted in Oct. 2003 of Spousal Abuse. He did not make contact with me but was "crazy": later found out he was in diabetic spiral. Nevertheless, he was convicted and placed on three years probation in California Court. August of 2006, he was charged with Cultivation of Marijuana which we are fighting and will win as we were not doing anything outside of the legal requirements. A month ago, he got a DUI (.08) and three days ago, they violated his probation and he is now in jail. He works full time, usually 6 days per week.

Can his probation be extended because of the Cultivation charge. If so, what if we win that case? He should have been off probation in November 2006. I understand he will have a drunk driving charge.

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Does the probation approve of the marijuana? Is your husband have a medical cannabis user? I believe he is violating his probation, unless he is protected by pr 215. The dui will also his Violate his probation, I recommend hiring a lawyer

We both have our 215 recommendations. He uses Cannabis for medical purposes as he broke vertibreas 1,2, and 3 and has titanium rod in left arm.

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Originally Posted by grandhaiku

Can his probation be extended because of the Cultivation charge.

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Hello grand:

Your question cannot be answered. It's an event in a chain of events, where the outcomes of each event impacts upon the next. So, the answer is - it depends.

I, too, wonder how your husbands PO deals with the pot. My PO couldn't care less what my doctor prescribed. THEY would decide which medication I took, thank you very much.

So, if he beats everything up to the violation hearing, then he'll beat that too. I don't wish bad things upon you; however, I would not be as confident as you appear to be.

excon

Thank you for your post Ex-Con. He has been very straight with his PO and she also knew he was growing for the last three years. Funny thing... the Sheriff has inspected our grow every year for the past three years. This year was our smallest grow and they busted him.

I am a "glass is half-full" type of person, but the cultivation bust was just dead wrong. You are right... it is a chain of events. Just trying to get prepared for court... this morning!
Thanks again.