probation question

redenbacher · 07-24-09, 12:30

Hello,
In New Jersey smoking weed is a criminal defense. In New York it is a civil defense. So, if someone smokes weed in New York when they're on probation in New Jersey, how do they charge that?

firerat · 07-24-09, 13:04

Quote:

Originally Posted by redenbacher

Hello,
In New Jersey smoking weed is a criminal offense. In New York it is a civil defense. So, if someone smokes weed in New York when they're on probation in New Jersey, how do they charge that?

Do you mean if you are caught smoking weed in New York what do they charge you with? Whatever the law states in New York.

But thats only if you get caught.

lysergic · 07-24-09, 13:35

Quote:

Originally Posted by redenbacher

Hello,
In New Jersey smoking weed is a criminal defense. In New York it is a civil defense. So, if someone smokes weed in New York when they're on probation in New Jersey, how do they charge that?

You mean criminal offense?

Even if you get caught and charged in New York,
you still might have to take a drug test at some point back in New Jersey...

Probably best just to not smoke while you're on probation.

plantman21 · 07-24-09, 14:01

If you're on probation, what are you doing leaveing the county?
I think there would be a probation violation in the near future.
Plantman

tbonus · 07-24-09, 14:17

Wherever you are on probation,thats whose rules will apply.

The Truth. · 07-24-09, 14:41

If your on administrative probation (allowed to leave state)
and you get caught smoking anywhere, you still get violated under the jurisdiction of where your probation is held.
Fortunately, if you are on administrative probation, there are no drug tests.
So your basically taking the chance of getting caught where you are now.
Even though the charge is civil now, you'll still face misdemeanor violation from probation. (possibly felony)
And then you'll also have two cases, one for each state.

you damn pot head...lol!

GadgetGuy · 07-24-09, 18:17

I would just not smoke while on probation as stated. It is actually quite easy to smoke weed without getting caught as long as you are responsible and careful about it.

pubensis · 07-24-09, 19:17

I was recently arrested in NY for posession while on probation in another state. My charge in NY was "Unlawful Posession Of Marijauna". My penalty was a $550 fine. When I got back to my home state my probation officer had the option of violating my probaton or not, (as far as I know) and he told me that I should pay the fine and that it will be alright. I should also mention that I have been a model probationer for the last year and a half, have established a very friendly relationship with this man, and will be off probation in approximately 7 months. More or less; he beleives that I have worked very hard to change my life for the better over the last few years, have a kid, and shouldnt be in prison for multiple years over a bag of weed etc..
Good luck if this already happened.
Don't do it if it hasn't happened yet.

Pube

redenbacher · 07-27-09, 01:49

These were all very helpful answers. I was mostly wondering because of the drug test thing, as one of you stated. Without bothering to call a lawyer, I would say that it is probably the sort of case where the crime would be up to the probation officer.

I would also like to mention that I haven't smoke in two months actually. Ugh- two months down, 12 to go....

redenbacher · 07-27-09, 01:50

and yeah, I meant offense.

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07-24-09, 12:30	#1 (permalink)
redenbacher Mycophiliac Join Date: Apr 2009 Posts: 96	probation question Hello, In New Jersey smoking weed is a criminal defense. In New York it is a civil defense. So, if someone smokes weed in New York when they're on probation in New Jersey, how do they charge that?

07-24-09, 14:17	#5 (permalink)
tbonus Mycotopiate Join Date: May 2006 Posts: 1,244	Wherever you are on probation,thats whose rules will apply. __________________ TWO WRONGS DON'T MAKE A RIGHT, BUT THREE RIGHTS MAKE A LEFT!

07-24-09, 14:41	#6 (permalink)
The Truth. is stranger than fiction. Join Date: Apr 2009 Posts: 485	If your on administrative probation (allowed to leave state) and you get caught smoking anywhere, you still get violated under the jurisdiction of where your probation is held. Fortunately, if you are on administrative probation, there are no drug tests. So your basically taking the chance of getting caught where you are now. Even though the charge is civil now, you'll still face misdemeanor violation from probation. (possibly felony) And then you'll also have two cases, one for each state. you damn pot head...lol! __________________ "Each new hour holds new chances for new beginnings. The horizons lean forward, offering space to place new steps of change"

07-24-09, 18:17	#7 (permalink)
GadgetGuy Resident Perv Join Date: Feb 2009 Posts: 1,723	I would just not smoke while on probation as stated. It is actually quite easy to smoke weed without getting caught as long as you are responsible and careful about it. __________________ RIP Hippie3, I love you

07-24-09, 14:01	#4 (permalink)
plantman21 Mycotopiate Join Date: Mar 2009 Posts: 411	If you're on probation, what are you doing leaveing the county? I think there would be a probation violation in the near future. Plantman

07-24-09, 19:17	#8 (permalink)
pubensis VIP Member Join Date: Dec 2006 Posts: 297	I was recently arrested in NY for posession while on probation in another state. My charge in NY was "Unlawful Posession Of Marijauna". My penalty was a $550 fine. When I got back to my home state my probation officer had the option of violating my probaton or not, (as far as I know) and he told me that I should pay the fine and that it will be alright. I should also mention that I have been a model probationer for the last year and a half, have established a very friendly relationship with this man, and will be off probation in approximately 7 months. More or less; he beleives that I have worked very hard to change my life for the better over the last few years, have a kid, and shouldnt be in prison for multiple years over a bag of weed etc.. Good luck if this already happened. Don't do it if it hasn't happened yet. Pube __________________ MoonCheese

07-27-09, 01:49	#9 (permalink)
redenbacher Mycophiliac Join Date: Apr 2009 Posts: 96	These were all very helpful answers. I was mostly wondering because of the drug test thing, as one of you stated. Without bothering to call a lawyer, I would say that it is probably the sort of case where the crime would be up to the probation officer. I would also like to mention that I haven't smoke in two months actually. Ugh- two months down, 12 to go....

07-27-09, 01:50	#10 (permalink)
redenbacher Mycophiliac Join Date: Apr 2009 Posts: 96	and yeah, I meant offense.

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