LegalMatch Free Legal Advice Forums     
Find A Lawyer Now!
Legal Forum

Go Back   LegalMatch Free Legal Advice Forums > Criminal Law Forum > Criminal Charges
User Name
Password Register
FAQ Members List Calendar Search Today's Posts Mark Forums Read


Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury
Real Estate Lawyers Immigration Business Lawyers Other Lawyers
Be assured that LegalMatch is Fast, Free and Confidential
Not Ready To Hire an Expert Lawyer? Get Online Legal Documents
Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 04-25-2008, 04:03 AM
Junior Member
 
Join Date: Apr 2008
Posts: 1
Default Im on formal probation and picked up a possesion of narcotics case

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
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
  #2 (permalink)  
Old 04-25-2008, 05:58 AM
Senior Member
 
Join Date: Nov 2006
Posts: 1,432
Send a message via AIM to GentleGrace
Default

Quote:
Originally Posted by Chrisncalli23 View Post
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

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.
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 04:58 AM.

Find Lawyers | Family & Child Custody Lawyers | Divorce Lawyers | Criminal Defense Lawyers
Job & Employment Lawyers | Personal Injury Lawyers | Real Estate Lawyers | Business Lawyers
Immigration Lawyers | Bankruptcy Lawyers | Estate Planning Lawyers | DUI-DWI Lawyers

Marketing for Attorneys | Websites for Attorneys | Law Firm Financing
LegalMatch Reviews | LegalMatch Forums | LegalMatch Family Lawyers | LegalMatch PR
LegalMatch in Austin | LegalMatch Life | LegalMatch Affiliate Program


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.