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-   -   VOP Felony (https://www.askmehelpdesk.com/showthread.php?t=183095)

  • Feb 11, 2008, 08:09 PM
    Arupert
    VOP Felony
    My Husband is on Felony Probation and violated this by being arrested on a suspended license carrying less than 20 grams of marijuana. The charge itself is considered a misdemeanor but he got a VOP because of the arrest. I am very worried. He has an attorney that is helping him but I am curious what he is facing. What could the possibilities be for him on sentencing?
  • Feb 11, 2008, 08:54 PM
    nonya
    Well from what I have see they will revoke him, meaning that they will give him his time back and he will have to start over. For me to really say I would have to know what the stipulations of his probation were. The law in the town in Montana that I live in is any amount under 60g. Of marijuana is a misdemeanor, but we also have a lowest priority initiative in place so the court can choose to throw it out. Was this amount in one or separate bags? If it was in separate bags they can try to push felony distribution charges on him.
    Worst case scenario they take back his time, make him sit in jail for an amount of time, give him more probation time, a nice fine, and possibly give him Intensive Supervision or ISP with a possibly ankle braclett.
    Best case scenario they have him do a drug treatment program and give him more time.
    I would assume something between these two and every state, county, and judge is different.
    My sujstion is to look for any loophole and for your husband to show compliance and initiative in getting his stuff together. It would not look bad at all if he voluntarily went and got a drug treatment evaluation before his court hearing, even if it is " JUST A LITTLE POT".
  • Feb 12, 2008, 04:31 AM
    excon
    Hello A:

    It's up to his PO. Some PO's think marijahoochie is the plague. Others don't.

    Frankly, I think the driving offense is going to be his biggest problem.

    He has an attorney?? Good!!

    excon

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