Violation of Probation?

[beder]

What is the name of your state? Mississippi

My son is on probation after serving in the RID program. He was working with a roofing crew and went in to pick up his check. His boss asked him to give one of the workers a ride home. He was pulled over for "careless driving" and was asked if his car could be searched. My son said yes. Meanwhile, the passenger stashed a misdemeaner amount of marijuana in the console. The passenger also was found to have an outstanding warrant.

My son was then charged with possession of marijuana in a motor vehicle in addition to the careless driving charge. He pled guilty to the careless driving charge and not guilty to the possession charge.

The passenger appeared in court and pled guilty to the possession of marijuana charge, but my son still has to appear in court. He has informed his probation officer of all of this, and he was told to wait and see what happens in court.

What are the chances of his probation being revoked under these circumstances?

 

[TomHartmann]

What is the name of your state? Mississippi

My son is on probation after serving in the RID program. He was working with a roofing crew and went in to pick up his check. His boss asked him to give one of the workers a ride home. He was pulled over for "careless driving" and was asked if his car could be searched. My son said yes. Meanwhile, the passenger stashed a misdemeaner amount of marijuana in the console. The passenger also was found to have an outstanding warrant.

My son was then charged with possession of marijuana in a motor vehicle in addition to the careless driving charge. He pled guilty to the careless driving charge and not guilty to the possession charge.

The passenger appeared in court and pled guilty to the possession of marijuana charge, but my son still has to appear in court. He has informed his probation officer of all of this, and he was told to wait and see what happens in court.

What are the chances of his probation being revoked under these circumstances?

It probalay will be revoked no matter if he is not guilty or guilty.

- Tom

 

[grasmicc]

Because the passenger has already been convicted, he might be willing to go to court and testify that he stashed the stuff in the console.

 

[beder]

Violation of probation?

Mississippi

It is my understanding that the passenger is out on bond and has stated that he will be in court to clarify that it was his marijuana. I just don't know what the judge will rule as the charge was "marijuana in a motor vehicle" and it was my son's car.

 

[mycarlb]

It's not the judge who would revoke your son's probation, but his probation officer. Their are many factors in determining that. If he's been on probation for a while and not gotten into trouble and followed all the guidlines set forth, then his officer MAY decide to give him another chance... BUT that is contingent on this passenger taking the responsibility for the marijuana.

But know that the probation department can revoke his probation simply based on the fact that he had police contact... so you really need to have him ask his probation officer what he intends to do

 

[beder]

Violation of probation?

Mississippi

The probation officer said, "Let's wait and see what happens in court."

I asked her what would happen if the judge found him guilty and she told me he would probably be taken into custody and have to face a probation hearing.

If that is the case, he will lose his job, (the roofing was a second job), and he will lose his college credit for this semester.

And yes, this is the first time he has been in trouble since he came home.