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I swear on my recently deceased father's grave that I am not writing about myself.
My buddy recieved a dui a couple months ago. - The judge was kind enough to let him off with a fine, working priviliges, and one year of probation. - The judge ordered him to stay out of bars.
Here we are a couple months later, and my buddy had not showed up to work for 3 days this week. We found out today that he is in jail. - Last weekend he was jailed for "abuse of harmful intoxicants" and "possesion of marijuana."
Just wondering if because he violated his probation this means that he is going to jail?
Or, are the current charges enough to send him to jail?
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I would think people would need more info to answer you like how much Pot was he busted with, and if he was pulled over again for DUI, or caught in a bar?
I AM ALWAYS RIGHT... except when I am wrong.
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Well, that is the sort of thing that would be up to the judge's discretion, but if I had to put money on one or the other, I'd tell him to pack a toothbrush and learn to sleep on his back.
When a judge shows you leniency and you spit in their face by continuing to be an offender... you should rightfully expect to feel the full weight of the law upon you.
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While I can't provide any answer on his chances behind bars.....I can say it sounds like he should be going there. A couple of months after a DUI he's busted with pot....dude was asking for a stint in the slam. It's not that hard to stay on the right side of the law, especially after a wake-up call like a DUI.
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As far as the first dui, judges routinely give a "time served" (if he spent any time in jail - a night, weekend, whatever), a suspended sentence of generally 10 days, driving privileges, fines, etc.
However, the original sentence can be enforced if the person doesn't stay out of trouble.
I believe, as far as pot possession, unless it was a lot, he's looking at a fine and a max. of 30 days in jail.
However, combine the 2 (the dui and the possession), and yeah, my guess is he's going to spend a few nights behind bars. I'm not an attorney, by the way. Either charge by themselves rarely translates to jail time, UNLESS there was an accident, or mitigating circumstances.
However, the 2 combined, in a short period of time? My guess is the judge is going to think "this schmuck just doesn't get it". Off to county lockup for 10 days, or 30, or however many.
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Could be he's at his Oriana training ??
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It really depends on the judge. Out of the majority of judges that I've worked with, he's probably looking at some jail time and possibly a suspended license as well.
Where did this happen?
Blue ostriches on crack float on milkshakes between the sidewalk titans of gurglefitz. --YTown
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Quote:
and possibly a suspended license as well.
That is a given. It is a minimum of a 6 month suspension for a DUI/OVI... Ohio calls it "Administrative License Suspension (ALS) for a prohibited BAC". The ALS for a test refusal is a one year license suspension. The judge can't go lower than that... they can only grant circumstancial driving privileges, but the license is still lost and you will still pay reinstatement fees after the suspension is up.
The one thing that occurred to me is this: what the judge can do is, I *think*, limited by what the original sentencing was. I don't think the judge can retroactively add to the sentence, he can only reinstate any suspended penalties that may have been given... e.g. if you were awarded 30 days in jail, but it was reduced to "time served" with the provision that you successfully complete probation.... if you violate probation, those 30 days are back on the table, but I don't think he could retroactively bump that to like 180 days. But, that is why you will often see very heavy penalties handed down that are then lightened with provisions of successful completion of probation. It allows them to gamble that you may "get it" and keep your stuff clean while allowing them to appropriately hammer you if you continue to be an idiot.
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2nd String
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I got one DUI, similar penalties to this guy, including probation. When you are on probation, a probation officer can randomly drug test you. Often, the terms of the probation state: no alcohol or drugs can be consumed. If he failed a random test or had some sort of police incident involving alcohol or other drugs, or somehow got caught with them, it would be a violation of his probation and he could go to jail for that, yeah.
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That's exactly what happened.
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I see what you are saying. - The dui was 2 months ago, so if the judge revokes his probation, there is only 4 months left of the 6 months of probation. - Therefore he can only go to jail for 4 months.
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He'll go to jail, no doubt.
If he's an otherwise stand-up citizen with a clean record, it may only be a few days...but violating probation so soon after getting in trouble, with both offenses being drug related...he'll do a weekend or so at the least.
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They can't go more than the original stated sentence for a probation violation, which is why most judges I've seen suspend 180 days which is the max for a misdemeanor. However, it can also run consecutive to any new offenses that the person has obtained, e.g. possession in this case. That is usually where some of my clients have been nailed. Oddly enough, too. I remember where there were a few times that the license suspension was somehow circumvented in an administrative hearing, although I have to admit I'm not clear to what went on. I'm with you though, that his license might as well be cut in pieces. *DISCLAIMER - I'm a third year law student working as a certified legal intern. I'm not a lawyer and this is based solely on recollection. None of it is legal advice* 
Blue ostriches on crack float on milkshakes between the sidewalk titans of gurglefitz. --YTown
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Quote:
I'm a third year law student working as a certified legal intern.
Which makes you qualified to answer the question better than anyone else. 
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Haha, that's possible, but after taking Ethics I'm obligated to say such things until I pass the bar.
Blue ostriches on crack float on milkshakes between the sidewalk titans of gurglefitz. --YTown
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Can I pm you for free legal advice any time I want? Just for practice? 
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Sounds like your buddy is going to do some time in the pokey.
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What kind of mood the judge is in and how long since "he/she GOT any" will probably play a bigger role in this than anything else..............
Sad but true.................
Intoducing for The Cleveland Browns, Quarterback Deshawn "The Predator" Watson. He will also be the one to choose your next head coach.
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I would say so....The judge will probably impose whatever jail time that was originally involved in the first DUI.
If he or she hears the new charges, it probably isn't good....or otherwise.
Judges don't generally like to hear of people on probation getting in to the same crap again.
Really.....can you blame them??
It basically amounts to a person given a second chance wasting their time.
I know the movies show the pudgy judge sitting around slapping backs, taking long lunches, and attending cocktail parties after hours....but how glamorous is it showing a person showing up for work at 5:45 A.M., scouring over briefs, then working though the docket, and then sit there with some jerk off before him or her....talking about the same things that were discussed a few months before??
You needed to ask this???
If everybody had like minds, we would never learn. GM Strong ![[Linked Image]](http://www.dawgtalkers.net/uploads/small-gator-chomp.gif)
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Quote:
Is my buddy going to jail?
Quote:
We found out today that he is in jail.
Guess so. 
#gmstrong #gmlapdance
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Quote:
However, it can also run consecutive to any new offenses that the person has obtained, e.g. possession in this case.
At L3, you remember correctly.
People always forget the suspended portion of their sentence and think the 3-4 days they spent in the county jail was the full brunt of the sentence.
You violate the conditions of your probation, all of that magically comes back.
Poof....and then, you tag on the new charges...lot's of luck getting those reduced by much.
If everybody had like minds, we would never learn. GM Strong
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Quote:
You needed to ask this???
I can see why it seems like a no brainer.
My buddy is probably the biggest idiot I have ever met. I have warned this kid (8 years my junior) so many times about his out-of-work activities.
The dui should have been a wake-up call. - To be honest, I was upset that the judge was as leniant as he was. - The judge went out of his way to give my buddy a second chance. My boss has gone out of his way to give this kid a second change. - No joke, my bosses boss has gone out of his way to give this kid a second chance.
- Or will he have to serve out his original dui sentence in jail, then have to stand before a judge for the mar possesion charges?
On top of all that 'Peen, I just wanted you to know that I don't appreciate some of what you just wrote. I have been called to jury duty before and have given nothing but respect to all judges, and court personell that I have come across. - I have never, never, had any negative preconcieved notions about anybody in the legal field. As far as I know, and what I have always assumed is that people in the legal field work long, long, hours, sometimes sleep in their offices.
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He will probably have the entire DUI thrown at him and a portion of the new charges.
Hopefully the judge will allow for a portion of the time to be served in a treatment clinic because it sounds like your buddy needs some serious treatment......but that only works as well as the patient wants it to work....and as of now, it doesn't sound like treatment and changing is high on his priority list.
As to being offended...well, I can't help that, but do apologize if it doesn't apply to you. The intent wasn't to talk down, though it probably came across as such.
Sorry
If everybody had like minds, we would never learn. GM Strong
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Quote:
I got one DUI, similar penalties to this guy, including probation. When you are on probation, a probation officer can randomly drug test you. Often, the terms of the probation state: no alcohol or drugs can be consumed. If he failed a random test or had some sort of police incident involving alcohol or other drugs, or somehow got caught with them, it would be a violation of his probation and he could go to jail for that, yeah.
This kind of happened to a buddy of mine. he was driving after getting high and got pulled over for driving eradically---they searched him and found a drugs. He was charged with felony five, possession of drugs and an OVI. He got an attorney and somehow managed to avoid jailtime---instead he had to go to a 90 day intensive rehab program and then was to be on probation for a year.
Well, after he got out of rehab, he immediately began using again---cuz he is a real-life freaking junkie---so he soon failed a drug test administered by his PO---he had to go back in front of a judge for this---and still managed to stay out of jail. It wasn't until the third time he failed a drug test that they locked him up. He is currently serving a 6 month sentence.
Some of my buddies are pretty messed up. This one will probably always be a junkie too---and that is kinda sad cuz I have known him since we were like 12. 
Last edited by Tyler_Derden; 02/26/09 12:47 AM.
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Haha, that's possible, but after taking Ethics I'm obligated to say such things until I pass the bar.
Why? After you pass the bar, are you no longer restricted by "ethics"?  
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One must change their circle of friends to overcome an addiction.
We don't have to agree with each other, to respect each others opinion.
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It also could depend on whether it was the same city or county that he was busted on the new charges was the same as the city he was on probation or not.
I have seen with our legal systems from different citys,countys, or even states that the left hand does not know what the right hand is doing. If they are different locations it is a good possibility that the judge and probation office in the original case may not find out about the new charges.
KING
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Can I pm you for free legal advice any time I want? Just for practice?
LOL...nothing is free. I want to hear you say "GO BROWNS!" in a post all by itself.
Blue ostriches on crack float on milkshakes between the sidewalk titans of gurglefitz. --YTown
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Quote:
Quote:
Haha, that's possible, but after taking Ethics I'm obligated to say such things until I pass the bar.
Why? After you pass the bar, are you no longer restricted by "ethics"?
LOL...well I have to follow the code or else I will have another lawyer going after me for malpractice or misrepresentation.
Yes, we eat our own kind.
Blue ostriches on crack float on milkshakes between the sidewalk titans of gurglefitz. --YTown
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Of all professions, it is the most strictly self regulated.
If everybody had like minds, we would never learn. GM Strong
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You can say that again, and heaven forbid you really mess up bad because word gets around the local bar associations like wildfire.
Blue ostriches on crack float on milkshakes between the sidewalk titans of gurglefitz. --YTown
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Quote:
This kind of happened to a buddy of mine. he was driving after getting high and got pulled over for driving eradically---they searched him and found a drugs. He was charged with felony five, possession of drugs and an OVI. He got an attorney and somehow managed to avoid jailtime---instead he had to go to a 90 day intensive rehab program and then was to be on probation for a year.
Well, after he got out of rehab, he immediately began using again---cuz he is a real-life freaking junkie---so he soon failed a drug test administered by his PO---he had to go back in front of a judge for this---and still managed to stay out of jail. It wasn't until the third time he failed a drug test that they locked him up. He is currently serving a 6 month sentence.
This happens quite a bit. Working in the prison system, I have had P.O.s tell me they have to pop a guy 3 times or more for a dirty urine before they are allowed to violate him and send him back to prison, even though they are told they cannot imbibe at all or they will be sent back.
The Ohio prison system has grown in population by over 6,000 inmates in the last 7 years.....there is not enough space nor money to keep them all as the laws are currently written. Around 60% of the offenders that we receive on an annual basis are doing a 12 month or less sentence.
With the current budget woes, the prison system is abolishing the jobs of 500 people in the coming months, on top of the 700+ that were abolished last year. If things don't improve, they will look at closing a prison by the year 2011 which will create even more overcrowding in the remaining prisons unless sentencing guidelines are changed.
REMEMBER MUNI- Something that your buddy may or may not know and you may want to inform him- the "ABUSE OF HARMFUL INTOXICANTS" charge is a misdemeanor offense, but once a person is convicted of any drug abuse charges the next offense of this nature is a felony. If he's only spent time thus far in a county jail or a CBCF (Community Based Correctional Facility) he is on his way to real prison if he continues on the path that he is currently traveling.
I've seen many guys come and go......one particular offender has been in prison 8 different times but has spent less than 7 years in there. The marijuana possession charges/incarceration times are all spelled out based on weight. Judges do have some leeway but if there is any weight involved they have to go by the guidelines.
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That has been a big problem at the Corrections Center of Northwest Ohio. They are bunking a ton of people in spaces where there shouldn't be bunking. It's gotten so bad, that it seems like judges almost have an unofficial quota for how many people they can even send to prison as opposed to just terminating probation unsuccessfully.
With all the crowding going on in there, I bet there's also a lot of McLovin' going on.
Blue ostriches on crack float on milkshakes between the sidewalk titans of gurglefitz. --YTown
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Forums DawgTalk Tailgate Forum Anybody with experience - Is my
buddy going to jail?
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