Possession of Cocaine

by “Caveman Chuck” Coker

Question by Dawn C: Will I Be Violating Probation?
In one month I have court to start my diversion program(community service then it’s expunged). Tonight I was charged with possession of drug paraphernalia(It was a pipe and it wasn’t mine–possibly my brother’s. I had just found it in my car moments before being pulled over). My court date for that is 2 days after my diversion court date. My question is, will that make it ineligable for the diversion(since technically the drug charge isn’t on my record yet). My other question is, because I will be 2 days into the diversion program when my other court date rolls around, will that be a violation of probation? If I violate probation I will go to prison I think. Other than what I’ve talked about, my record is completely clean. Of course I’m going to talk to my lawyer about it but his office isn’t open yet and I’m a nervous wreck and need some sort of answer. PLEASE HELP ME! By the way, no I do not smoke weed. All of this legal stuff is so new to me and frankly it’s terrifying. :'(
The thing is, I don’t even know if I’m technically on probation yet. My court date to start all that is a month from now so I don’t know if the probation has even started. And it was for a theft charge(pressured into embezzling money from work…..please don’t preach about that because I KNOW. It’s something I will forever regret and have been working so hard to pay it back–which I have. And to the guy being a jerk….my “public pretender” is a former judge in my district. I obviously know what will happen if I have in fact violated probation but I don’t know if I have because I don’t know if it has started yet. Does it start right after my court date? And since the offense happened before my court date, will it count as violating the future probation?

Best answer:

Answer by dogtear5
VIOLATION (CRIMINAL CHARGE)

A probation violation requires the individuial to be incarcerated for the original charge… that’s what happens. So how ever long you were to serve in prison for whatever you were charged with and got off light by getting probation, you will go to jail and fined. You had a chance, they gave you a break… by giving you “probation”.

it doesn’t matter if your record was clean, and the judge ain’t going to care if you don’t smoke pot, or whether the pipe was your Brother’s. Plain and simple, you were there and you had “constructive possession” of drug paraphernalia. Plead “not guilty” and get a public pretender.

Add your own answer in the comments!

More Drug Possession Information…

2 Responses to “Will I Be Violating Probation?”