My girlfriend has a class B felony charge and has been on court probation for the past two years. She was recently pulled over as a passenger in the vehicle and the driver gave consent for a search. There was a marijuana pipe found in the center console of the car and is now being charged with possession, and received a letter stating she would be put in county jail for 10 days, can she avoid this?

Contact a lawyer or public defender, if it was not on her and in someone else's car, there may be something there, but when on probation, you are not to put yourself in such situations

Would help if the driver would confirm that the passenger was not aware of the marijuana

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Originally Posted by SKalin

can she avoid this?

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Hell S:

Well, let's hope so... But, maybe not. Her PO has a LOT of power...

The 10 days is probably what she'll have to do waiting for her violation hearing in front of a judge. Even though her PO is a biiiitch, I wouldn't think the judge would violate her for THIS.

Come on, People... We're talking about an EMPTY pipe in somebody else's car... Doesn't somebody besides ME, think the PO should be in JAIL for doing this??

excon

I recently went to jail for violation of probation, and the judge had all the power. There isn't anything you can do until you go to court. A lawyer is a very important thing to have because they can lock you up for a long time if they want to. But 10 days for a bowl seems like plenty of time, my guess would be that they get out on their court date.

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Originally Posted by excon

Hell S:

Well, let's hope so.... But, maybe not. Her PO has a LOT of power...

The 10 days is probably what she'll have to do waiting for her violation hearing in front of a judge. Even though her PO is a biiiitch, I wouldn't think the judge would violate her for THIS.

Come on, People.... We're talking about an EMPTY pipe in somebody else's car.... Doesn't somebody besides ME, think the PO should be in JAIL for doing this?????

excon

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I would bet cash that the offendee knew that the driver/owner of the pipe uses. She is a supposedly reforming felon and is still hanging around with, I can only guess habitual due to the location of the paraphenilia, drug users.

Doesn't sound like rehabilitating to me.

I suppose the better question is why were they pulled over and why did the driver consent to a search knowing she had a pipe in the car.

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Originally Posted by stevetcg

Doesn't sound like rehabilitating to me.

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Hello steve:

One rehabilitates from anti social behavior. One "rehabilitates" from smoking marijuana, on the other hand, simply to please the authorities, because of course, smoking marijuana ISN'T anti social.

It's ILLEGAL, but not anti social. Now, one could refrain from smoking while on probation, but that's not the same as rehab...

Do you believe in rehab for homosexuals?? I don't think you do. It's really the same thing... Frankly, I think the NATION needs to rehabilitate its view of what constitutes a REAL criminal.

excon

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Originally Posted by excon

Hello steve:

One rehabilitates from anti social behavior. One "rehabilitates" from smoking marijuana, on the other hand, simply to please the authorities, because of course, smoking marijuana ISN'T anti social.

It's ILLEGAL, but not anti social. Now, one could refrain from smoking while on probation, but that's not the same as rehab...

Do you believe in rehab for homosexuals??? I don't think you do. It's really the same thing.... Frankly, I think the NATION needs to rehabilitate its view of what constitutes a REAL criminal.

excon

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A real criminal is someone who breaks the law.

I don't personally believe that smoking pot should be against the law... but it is. And until that changes, we follow the law or face the consequences.

And I was talking about her rehabbing from her felony (you know... the P.C. term for jail... )

And being homosexual and smoking pot aren't the same thing. Being gay isn't a choice. Smoking pot is.

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Originally Posted by stevetcg

A real criminal is someone who breaks the law.

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Hello again, Steve:

I disagree. A REAL criminal would turn ordinary, regular, non violent human behavior, that victimizes NOBODY, into a crime and ruin millions of people's lives over it.

Homosexuality is the SAME in that regard.

Now, a society MIGHT be forgiven the "criminal" label were it to correct its mistakes in a timely manner, like it did when prohibition was repealed. But, THIS society, in the face of overwhelming evidence that negates its stance on pot, CONTINUES its war on marijuana to this very day.

Given the above, I cannot, in good conscience, label it anything OTHER than criminal.

excon

PS> What?? You expect us to agree on everything?;)

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Originally Posted by excon

Hello again, Steve:

I disagree. A REAL criminal would turn ordinary, regular, non violent human behavior, that victimizes NOBODY, into a crime and ruin people's lives over it.

Homosexuality is the SAME in that regard.

Now, a society MIGHT be forgiven the "criminal" label were it to correct its mistakes in a timely manner, like it did when prohibition was repealed. But, THIS society, in the face of overwhelming evidence that negates its stance on pot, CONTINUES its war on marijuana to this very day.

Given the above, I cannot, in good conscience, label it anything OTHER than criminal.

excon

PS> What??? You expect us to agree on everything?;)

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So you are likening homosexuality to criminal behavior?

You can rehabilitate from anything you want, legal or illegal. I rehabillitated from smoking cigarettes. Perfectly legal, yet it was still rehab (and sucked... ). By definition, rehabilitation is just a change in existing habits. Smoking pot IS a habit in many cases, therefor it can be considered rehabilitation when someone quits.

I understand that you think that the only people that quit smoking pot are the ones ordered to by a court. Believe it or not, some people stop smoking pot just cause its not good for them. Yeah yeah... I know... its not as bad for them as smoking cigs or drinking... but just because its not AS bad for them doesn't mean its not bad for them all the same.

I am not arguing whether it SHOULD be illegal or not. We do agree there. But there is overwhelming evidence to suggest that if it were made legal today, there would NOT be a large number of new pot smokers tomorrow. There are study after study that suggest that people who do not smoke pot don't not smoke because it is illegal.

And back to your other point, you cannot rehab from being gay any more than you could rehab from being black/asian/canadian. You CAN rehab from ANY willed behaviour (I rehabbed from video games... )

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Originally Posted by stevetcg

So you are likening homosexuality to criminal behavior?...... Yeah yeah... I know... its not as bad for them as smoking cigs or drinking... but just because its not AS bad for them doesn't mean its not bad for them all the same.

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Hello again, steve:

Yes, they're the same, in the sense that the law prevents people involved in BOTH behaviors from being free to do so.

One, certainly much more so than the other - at least today. Don't forget, homosexuality WAS criminal just a few short years ago. It's come a long way since then. Only one hurdle left - gay marriage...

It happened in baby steps. But it HAPPENED.

You should know that I'm not a proponent of pot. I don't think its good, and I don't think people should use it. It's a drug. It's smoked. Smoking ANYTHING ain't good.

But, that's a call I should be free to make on my own, WITHOUT government interference.

excon

PS> We've only argued the social aspects of pot legalization so far, but I have loads and loads of LEGAL precedent too. Want to go there next?

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Originally Posted by excon

Hello again, steve:

Yes, they're the same, in the sense that the law prevents people involved in BOTH behaviors from being free to do so.

One, certainly much more so than the other - at least today. Don't forget, homosexuality WAS criminal just a few short years ago. It's come a long way since then. Only one hurdle left - gay marriage...

It happened in baby steps. But it HAPPENED.

You should know that I'm not a proponent of pot. I don't think its good, and I don't think people should use it. It's a drug. It's smoked. Smoking ANYTHING ain't good.

But, that's a call I should be free to make on my own, WITHOUT government interference.

excon

PS> We've only argued the social aspects of pot legalization so far, but I have loads and loads of LEGAL precedent too. Wanna go there next?

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Maybe someday - but not hijacking this thread. :-D

I am a proponent of being able to make one's own decisions as well.

Although one final thought why being gay and smoking pot are NOT the same... no one will ever die from Second Hand Gay or be killed by someone Driving While Queer. Can you say the same for pot? ;)

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Originally Posted by stevetcg

no one will ever die from Second Hand Gay or be killed by someone Driving While Queer. Can you say the same for pot? ;)

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Hello again, Steve:

Absolutely, but as you suggest, it's an argument to be taken up elsewhere.

excon