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    Angelovebnn's Avatar
    Angelovebnn Posts: 1, Reputation: 1
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    #1

    Jan 10, 2007, 06:51 PM
    Violation of Probation 3times!
    My husband is going to be arrested in about 10 days for failing a urine test while on probation for the 3rd time! He was originally put on probaion for one year for a DUI and reckless driving. He violated in July failing a urine test and spent 60 days in jail. He got out and violated again for failing a urine test and is now out on bond after spending 2 weeks in jail he has been out for 2 months now. We found a good lawyer and he got him out. We were expecting no jail time and to probably extend his probation now he has violated for the 3rd time for the urine test again! I don't know what is going to happen his lawyer can't speculate on it until he is actually arrested which hasn't happened yet it will be in about 10 days when the test confirms the positive. Any thoughts on what might happen?? I mean its not like he robbed a bank or hurt anyone the man can't stop smoking marijuana. To me it isn't a huge crime but I'm sure the courts don't look at it likethat
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 10, 2007, 07:02 PM
    I would say he is going to jail for for the remainder of his probation time, and honestly and sorry, but needs to. He has been given chance after chance to do what he is suppose to do and he fails and fails, which means he is not trying to follow the rules and has a problem.

    Often it is only longer jail times that will finally force people to start considering to change their behavior.

    And to the probation officer it is a major deal, and it is a major deal, sorry but it is obvious you also don't see the major picture of this, since he can't stop he is addicted and has a serious problem
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jan 10, 2007, 09:05 PM
    Quote Originally Posted by Angelovebnn
    the man can't stop smoking marijuana.
    Hello Angel:

    Correction: The man WON'T stop smoking... There's other stuff going on here. I don't know why he'd rather be in the slam than with you, but there's a lot of guys like that.

    excon
    shygrneyzs's Avatar
    shygrneyzs Posts: 5,017, Reputation: 936
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    #4

    Jan 10, 2007, 09:52 PM
    It is not like he robbed a bank... that is certainly a good defense for his actions. I do believe that he will be spending some time in jail again. Third time is not the charm here for the get out of jail card.

    When you say he cannot stop smoking marijuana - you really mean he refuses to stop smoking it - just like Excon says. He knows he will get caught, violate his parole, and most likely be sent to jail. There is something missing in the story. What role do you play in all this?
    magprob's Avatar
    magprob Posts: 1,877, Reputation: 300
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    #5

    Jan 11, 2007, 12:14 AM
    Let's see, 365 minus 75, give or take 1 or 2, = 290 days
    290, give or take 1 or 2 ,divided by 30=9.6 months
    That's worth a good pot buzz?
    Now, his only chance is to beg the judge to let him get into a level 3 treatment program. 30 days in the detox program, compared to 9.6 months in the can. The only thing is, he would have to admit that he has a problem not only with alcohol but with marijuana and that he is sick and tired of being sick and tired. Also, he would probably still be on probation once that was completed, if the judge went for it in the first place. But, you never know.
    Tuila's Avatar
    Tuila Posts: 8, Reputation: 1
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    #6

    Jan 11, 2007, 05:16 AM
    Just what our jails and prisons need is one more guy locked up because of a substance they choose to put in his body. They will probably have to let some child molester out to make room for your husband. But it just might be better for him to do all of his time and then when he gets out, he won't have to deal with probation at all. And not because I think he deserves it, but it might be the best thing for him. Good luck!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Jan 11, 2007, 05:31 AM
    Quote Originally Posted by Tuila
    They will probably have to let some child molester out to make room for your husband.
    Hello:

    Isn't that the truth? Our system would rather have a non violent pot smoker locked up than a child molester. I think that points out how screwed up our system is, rather than how screwed up this guy is.

    Doncha think??

    excon
    Tuila's Avatar
    Tuila Posts: 8, Reputation: 1
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    #8

    Jan 11, 2007, 05:44 AM
    Quote Originally Posted by excon
    Hello:

    Isn't that the truth? Our system would rather have a non violent pot smoker locked up than a child molester. I think that points out how screwed up our system is, rather than how screwed up this guy is.

    Doncha think????

    excon
    I agree!!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Jan 11, 2007, 08:05 AM
    I have just one thing to add here. He should NOT wait to be arrested. If he knows he failed, he should be going to his PO and asking for help. Its possible they may send him to rehab rather than jail. But if they have to come get him, it will go harder on him.
    John1865's Avatar
    John1865 Posts: 27, Reputation: -1
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    #10

    Jan 11, 2007, 08:06 AM
    I think most people think smoking pot is minor. However, it's not minor when you're required to give a drug test for conditions of probation or employment. The bigger question here is "what does he think about his family and career?" What does his actions do to yourself image? What does this teach your kids?

    Like most people I have screwed up during my life, but I have learned from my mistakes. I too continue to have impulses to do things I shouldn't, but have learned to think about how my actions would affect my family. This seems to keep me in check, and I have lived a very successful life.

    I would give him an ultimatum, "quite smoking pot and drinking alcohol, get his life in order, or you will leave him." I would certainly treat you better...
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #11

    Jan 11, 2007, 08:07 AM
    Yes, many judges will suspend jail time with the agreement of in-house rehab. This could be a thought.

    Scott was right on target here. I will be working with men and women like this next month.

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