
04-25-2008, 05:58 AM
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Senior Member
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Join Date: Nov 2006
Posts: 1,411
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Quote:
Originally Posted by Chrisncalli23
Ok so i have been on formal probation for 2 years now and have a year left. I only violated probation once and it was for not completing my cal trans hours so i was given a violation of 3 months for that. Now after serving that a month passed by, im drinking with a few friends in CA late night 2 females and 1 other male and they find a small baggy of cocaine under the vehicle didnt see me holding it or anything and got me for possesion of narcotics 11350 (a)
HS...and this is my first ever drug offense. I bailed out the next day and have court in 2 months...what am i looking at?? I want to fight this case but need legal advice..The officers never read me my miranda rights as well..but if im formal probation do still need to read the miranda rights to me?
Thank you for any help in advance
Christian
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If you are arrested, you should have been Mirandized---being on probation has nothing to do with Miranda.
However, regarding what you are "looking at"---depends on your state, locale, etc. But, a second violation of your terms of probation may mean you must face a heavier sentence for your first crime---you don't say what it is, or if you pled down to a lesser charge, etc. In other words, in some instances, if you violate probation, whatever the original sentence was--the maximum---can be imposed. If you pled to a lesser charge, or received probation instead of jail time, it may state in your terms of probation that if you violate probation, the original "avoided" punishment will be imposed as well as punishment for the probation violation. But it all depends on your locale, and what the first charge was, your age, etc.
The question begs to be asked---what in the world are you thinking? This isn't a Monopoly game--it is your life. Surely there is something better you can do with your time? You only get so many "get out of jail" free cards ( basically the definition of probation)--and you are on your second chance. How many do you think you get before you really screw up your life?
I don't get it. You see like an intelligent, articulate person. Don't waste your life. Expect better of yourself than that.
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