A question on revocating probation.

[ChoppedandFaded]

Without going into too many details (as the case is still pending) swim was charged about 6 months ago with one felony count of possessing a controlled substance and 2 misdemeanor counts of possessing a controlled substance. This happened in the U.S

The court has moved incredibly slow in handling swims case. It is very frustrating as swim is leaving for college out of state on monday and has to come back every time another court date is scheduled. This will not only distract him from his studies, but make getting adjusted to college life harder.

Swim has a good lawyer who is currently filing motions to supress evidence on the grounds that the evidence was obtained illegally (no consent, no search warrant, nothing in plain view and no reason to search swims room.)

If this motion fails and things get settled by a plea bargain, swim knows that he will not be able to deal with random urine screens that are a condition of probation. Most likely swim would wind up toking a joint at a party, pissing dirty and wind up sitting in jail for not following the conditions of probation. Swim thinks it would be much easier if it got to that point to simply revocate his probation and sit in jail, where the temptation to do anything illegal is nill.

Now, swims question is, if he were to make a plea bargain and say plead guilty to 2 misdemeanor drug charges in exchange for the felony count being dropped but instead of serving a lengthy probation period w/ urine screens opted for the jail time, would he be forced to be charged with the felony crime?

Swim knows this might not make a lot of sense the way it is written, but it is difficult to explain what he is trying to ask (especially when getting used to swimming as it takes a lot longer to form coherent sentences when typing in this style.)

[Panthers007]

Listen to a lawyer. Get a good one if you have a ditz - SWIM. Get the motions through.

[Lobsang]

If this motion fails and things get settled by a plea bargain, swim knows that he will not be able to deal with random urine screens that are a condition of probation. Most likely swim would wind up toking a joint at a party, pissing dirty and wind up sitting in jail for not following the conditions of probation.

I think maybe SWIM better learn a little self control. We are not talking about being a heroin addict here. One can certainly muster the willpower not to take a few hits at a party until the testing is over. It is not like the testing is for life. I hpoe that SWIM gets off on this but if SWIM does not...GEEEEEEEEEZE SWIM...A person can put it down for a few moths or a year or what ever.

[ChoppedandFaded]

Originally Posted by Lobsang

I think maybe SWIM better learn a little self control. We are not talking about being a heroin addict here. One can certainly muster the willpower not to take a few hits at a party until the testing is over. It is not like the testing is for life. I hpoe that SWIM gets off on this but if SWIM does not...GEEEEEEEEEZE SWIM...A person can put it down for a few moths or a year or what ever.

Yes, swim could put down the weed for a while, but to be honest he feels it helps him in so many ways (calmer, thinks straighter, sleep aid, stress reliever, etc) that it would be more harmful to not use it.

Swim hopes the court sees things his way and dismisses the charges on the grounds of illegal search and seizure. Swim would have no problem serving a year of probation, but in swims local area, they tend to have a history of giving out lengthy probation sentences (one guy got 4 years for theft!).

Swim knows himself good enough to be able to tell you that he would be locked up for violating probation if he had to last 2-4 years without every indulging in anything.

[old hippie 56]

Will power is the key to your freedom. Play the games that the probation officer will play with your head.

[chillinwill]

Originally Posted by old hippie 56

Will power is the key to your freedom. Play the games that the probation officer will play with your head.

well put