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    wtfnjlawsystem's Avatar
    wtfnjlawsystem Posts: 3, Reputation: 1
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    #1

    Sep 10, 2009, 12:54 AM
    Conditional Probation violation
    Hello

    I am on conditional probation for possession of marijuana(had a joint on me and got searched) in NJ. I recently had a drug test and failed for THC one month before my probation ends(grrrr). I have to go to court for it so I plan on not smoking until then hoping that I can convince the judge the test was false. What am I looking at as far as punishment goes? Is it possible to have a re-test proving my "innocence"?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Sep 10, 2009, 05:37 AM

    Hello w:

    They're not going to believe your "innocence", because you're not innocent... But, they SHOULD let you go...

    I'll tell you this much... Any police force and justice system that would put somebody on trial and give them probation for a joint, IS the perpetrator of a crime upon society - not the other way around.

    excon
    topend's Avatar
    topend Posts: 30, Reputation: -1
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    #3

    Sep 10, 2009, 07:03 AM
    Quote Originally Posted by excon View Post
    Hello w:


    I'll tell you this much.... Any police force and justice system that would put somebody on trial and give them probation for a joint, IS the perpetrator of a crime upon society - not the other way around.

    excon
    Absolutely...
    epawls's Avatar
    epawls Posts: 103, Reputation: 16
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    #4

    Sep 10, 2009, 08:46 AM
    The result from the drug testing is considered final. The claim that the test was inaccurate is a typical excuse and is, at the very least, a lame excuse. The best thing to do is just admit it and accept your fate.

    While it is extremely lame that you have landed on probation for a joint... it is your punishment. It would be in your best interest, at least until this probation is up, to stay away from the very thing that landed you on probation.

    In neighboring Pennsylvania, if you are sentenced to probation and violate the probation, the judge can re-sentence you to whatever was available to him/her at the time of your original sentencing. That means, in Pennsylvania, the judge could re-instate your probation, extend it or sentence you to jail time (within the sentencing guidelines for the given offense). I am unaware of the system in NJ, but you should definitely be talking to an attorney.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #5

    Sep 10, 2009, 12:54 PM
    Quote Originally Posted by excon View Post
    Hello w:

    They're not gonna believe your "innocence", because you're not innocent... But, they SHOULD let you go...

    I'll tell you this much.... Any police force and justice system that would put somebody on trial and give them probation for a joint, IS the perpetrator of a crime upon society - not the other way around.

    excon
    And while all the regulars know your stance on pot, the law is the law and a judge is not allowed to decide which ones 'should' be enforced and which 'shouldnt'. Laws are made by elected officials, not judges. Any judge that doesn't punish for this should be removed from the bench.

    The judge will not believe the OP and *should* resentance him. A blatant disregard for a court order is a sign that he has no regard for the law and while its 'just a joint', next time it might be 5 pounds of crack and an elementary school.
    wtfnjlawsystem's Avatar
    wtfnjlawsystem Posts: 3, Reputation: 1
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    #6

    Sep 17, 2009, 02:38 AM
    I go to court next week. Im still not entirely sure what ill get(doubtful that it'll be jail time), but I expect to pay more fines and possibly a license suspension? Ill post after my court date.
    wtfnjlawsystem's Avatar
    wtfnjlawsystem Posts: 3, Reputation: 1
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    #7

    Nov 9, 2009, 12:03 PM

    I got a $1200 fine, 6 month license suspension and a "talking to" from the prosecutor.
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