Is it really mandatory to have to serve 30 days for 1st violation of probation?
In Oct 2009 I was placed on Probation for Theft By unauthorized. No prior record But Then May 10th 2010 I was violated for possession of weed (grass) I was brought straight to jail served 30 days. The police went in my home and found what every they could to make it look like I was some sort of big pot head 2 pipes rolling papers and they unpacked things in the closet 3 swords. Took picture and put it in the newspaper. So anyway after the 30 days I was told to check in with my PO in a week. I went to check in with my PO at which time they arrested me and transported me to my town so they could charge me with 3 charges Manu faction (because I had one pot plant growing) / Then endangering a child (16) and provided weed to a minor OK my question is by law was that 30 days mandatory Which caused me to lose my apt all my belongings I had to give up temp custody while I was in jail for the 30 days. I am just a regular person who has always paid her bills took care of her kids. Self medicated with weed only never did any other drugs or drank I never dealt weed and growing that on plant was pretty much just a green thumb experience. But to lose everything? I met people that have a lot worse rap sheets and they got out on bail??

It's the decision of the Judge and also varies by State. The Court is not going to care whether you paid your bills on time. The Court will care whether (in their eyes) you endangered your children and will look at your previous record as well as the current charges.

If you were told that's the mandatory sentence I would assume it is.

Hello n:

I've never heard of an automatic sentence for violating... I HAVE heard of people who are violated being taken to jail to await their violation hearing. Many times they're given time served, but that's not the same as an automatic sentence...

Get an attorney for the new charges. Hopefully, they'll realize that you're not a danger to society... In fact, it's my view, that prosecuting people for marijuana IS the crime - not possessing it.

Toward that end, immediately before I read your question, I was reading a NY Times article (http://www.nytimes.com/2010/06/27/business/27pot.html?th&emc=th) about the proliferation of legal marijuana dispensary's springing up in Colorado. How can anyone in authority PUNISH you for doing what the people in the next state over are free to do?? The laws, they are a changing...

excon

Is it really mandatory to have to serve 30 days for 1st violation of probation?
In Oct 2009 I was placed on Probation for Theft By unauthorized. No prior record But Then May 10th 2010 I was violated for possession of weed (grass) I was brought straight to jail served 30 days. The police went in my home and found what every they could to make it look like I was some sort of big pot head 2 pipes rolling papers and they unpacked things in the closet 3 swords. Took picture and put it in the newspaper. So anyway after the 30 days I was told to check in with my PO in a week. I went to check in with my PO at which time they arrested me and transported me to my town so they could charge me with 3 charges Manu faction (because I had one pot plant growing) / Then endangering a child (16) and provided weed to a minor ok my question is by law was that 30 days mandatory Which caused me to lose my apt all my belongings I had to give up temp custody while I was in jail for the 30 days. I am just a regular person who has always paid her bills took care of her kids. Self medicated with weed only never did any other drugs or drank I never dealt weed and growing that on plant was pretty much just a green thumb experience. But to lose everything? I met people that have a lot worse rap sheets and they got out on bail????


Part of the paperwork you signed to get on probation included the part about not doing anything illegal. Possessing the grass is illegal. Possessing rolling papers, 2 pipes is drug paraphanelia which is illegal. Growing as much as ONE pot plant is illegal as well. Having 3 swords would be illegal as well. What you did was violate your probation and you got caught. And as far as the cops going to your apartment and "finding" the paraphanelia and swords and the icing on the cake was the pot plant happily growing away - you GAVE then prior written permission to do just that when you signed your probation papers. You gave up your rights to have your car and/or home/apartment searched at any time of the day or night for any or no reason by the police.

As JKT said, the Judge could care less if you pay your bills ontime. You did violate your probation and now you'll have to pay the piper. The Judge is the only one who can determine your fate at your VOP hearing. Judges are not too keen on self medicating onesself with pot while on probation. Exie lives in a different state than you do and can legally obtain his "medication" with a dr's RX.