raindance69
Sep 29, 2010, 05:20 PM
My child is 16 and on probation he is being charged with violation of probation, in Michigan, can he also be charged with another crime of using marajuana? Also, he is being charged by the county that he is living in with an assult and battery from another county that is not pressing charges, can the county that he is on probation in charge him with the crime?
Fr_Chuck
Sep 29, 2010, 06:13 PM
1. you can not be charged with a crime in a county if the crime did not happen in that county.
2. you can be charged with a violation of probation from any state in the county where your probation is at.
3. there does not have to be any additional charges to violate probation.
4. at least in the states I have been a officer, "using pot" is actually not illegal, it is possession of the pot, so just failing the drug test does not bring a charge, but if the PO searches him or his home and finds pot, he can be charged with possession.
*** he gets an attorney and files a motion to have charges dismissed if the DA does not have jurisdiction over that crime. So where the victim says the crime happened will be the issue.
Now for the other issue, obviously he has a problem, he is using drugs even though he is on probation ( for what ?) and he has assulted someone while on probation ( they can violate his probation for the this even if charges are not brought)
Now in court for the violation of probation he can present evidence why it did not happen, and the rest.
But it is clear he needs help, since probation is not working for him.