They go through the same system. The problem is that the system treats those with money, position and influence differently than the average Joe with none of the above. The rich get extremely light sentences compared to the same types of low-mid income criminals who can’t afford the high-caliber defense attorneys. That is, unless and until their crimes affect the other super-rich (Bernie Madoff).
Not likely but how you handle it with the PO can set you up for a fall sooner or later.There is a sign on the wall where I used to work:What can get you violated? “Lying to your PO.” Face it dishonesty is down right insulting to the officer. They come to a really simple conclusion “What else is he/she lying to me about?” So expect them to check everything you tell them from now on.If you test dirty, what else is going on? Hanging out after curfew? Time to make a surveillance check. That job? time to verify home and employment. Now they are LOOKING actively for violations.My advice for a dirty test is you are better off by starting the conversation and saying “I messed up.” Kicking drugs like Meth, Heroin, cocaine is tough. So is alcohol. A slip is a slip. Officers understand that. They will usually work with you if they perceive YOU are trying to go straight.So in this case a flat admission is much better than a lie.
Is having police contact on probation a violation?Police contact while on probation is not per se a violation of probation. The reason for contact (a citation or arrest) might be, and failure to report contact, is. Police contact is defined as a police officer having a professional reason to have contact with you, such as pulling you over while you are driving, or you calling for service at your house. Saying hello to a LEO at the local Kwik-E-Mart does not count. Unless you are giving Apu a load of shit about the hot dogs for sale.
Depends on the sentence. For “$50 fine, time served, and 30 hours community service” you can skip the community service without penalty. The general process will be to pick you up and put you in jail for the 30 hours, so your community service will be a jail term (booked under “contempt”), with no additional penalty.If your sentence is some form of probation/deferred adjudication with the condition of community service, on your future hearing, if you don’t have proof of community service, you’ll be convicted of the original charge, with the full sentence (or new one given, by an annoyed court). So skipping 30 hours of service could land you with years in prison.But you can skip it. Let us know how it goes.
By Darren Chaker, writes on computer forensics, record sealing:Yes and No. Some warrants are quashed in different jurisdictions past a holding time. In other jurisdictions they remain active, however if detained out of state on a low level warrant, the state will not extradite.In criminal cases, if there’s been no effort to execute the warrant, and the defendant has not been in hiding, then his attorney can appear to dismiss the case as it’s a nuisance rather an effort to enforce the law since “the warrant must be executed within a reasonable time. If it isn't, you may be entitled to a dismissal of the charge(s) on the grounds that your "right to a speedy trial" was violated.” See attorney article.
To add to Tim Dees answer, some jurisdictions have two different police-type law enforcement. One group are Peace Officers and the others are Police Officers. This is common in small towns in Canada particularly because in rural communities in provinces without a provincial (state) police force, the federal police force maintains jurisdiction (RCMP). The small towns in these rural areas normally do not have enough money to support a full municipal police force but instead have a group of Peace Officers that are intended to provide faster response for minor issues like speeding and bylaw citations and such. This alleviates the stress of handling mundane tasks from the RCMP for areas with larger populations than usual in rural communities.The Peace Officers are only able to hand out citations and tickets for minor, more administrative offences and hold people for more serious issues until police show up.The Police Officers (RCMP in this case) handle everything a Police Officer normally would do including what Peace Officers are tasked with.For example:Cold Lake, Alberta (Canada) Has this system. The link below is to the municipal services website that covers frequently asked questions about this arrangementMunicipal Enforcement Frequently Asked Questions
July 2nd, 2005, A limo driver was driving people home after a wedding....?
when a truck, driving in the wrong direction on Meadowbrook Highway on Long Island, crashed into it killing both the limo driver and the 7 year old flower girl, decapitating her. Her mother was seen cradling her head on the side of the road. The driver of the truck was drunk and fell unconscious after the accident. He admitted to not caring about the outcome of his actions. He was from out of state, didn't have a license and had been arrested in his home state twice for driving drunk in the wrong direction on the highway and once for driving drunk. His mother says "It was just an accident". This is a true story and hit home for everyone here. The trial just started. What do you think should happen to this guy?
There are too many variables here, about which no information is provided, to answer the question in any meaningful way.You seem to assume that second- or later-time offenders are more likely to get imprisonment as their sentence or as part of it. All other things being equal, you are right — but a very great deal hangs on the “all other things.”Because you ask about sentencing, you are also assuming a finding of guilt. Now, if you go to trial, whether it’s a bench trial (where the judge is the judge of fact) or a jury trial, you might be found guilty, and you might not be, depending on the evidence for and against, and the arguments made by the attorneys. (Pro tip: if you do decide to go to trial, note that judges acquit more often than juries do).But if you do go to trial, and you are found guilty, the penalties will probably be harsher than if you had come to a plea agreement. (That is called, somewhat cynically, the “trial tax.”)And if you come to an agreement with the prosecution, and the judge gives approval to that agreement, and if the agreed-upon penalties involve incarceration, you will certainly be incarcerated! And if the agreed-upon penalties do not involve it, you will certainly not be incarcerated!As an aside: that assumes you then fulfill the conditions of your sentencing order, whatever it might be (probation or day-reporting or home monitoring, or whatever), no matter what those conditions might be (monthly fees, community service, treatment programs, and so on). If you fail to fulfill those conditions, and especially if you fail to make good-faith, diligent attempts to fulfill those conditions, do not expect to stay out of the slammer!Keep in mind also that prosecutors rarely make plea offers which are not in proportion to the standard penalties for the crimes with which you are charged in your jurisdiction, when compared with other cases with similar evidence sets. Of course, they go for the high end of that range (to allow room for bargaining down), but the initial offer would probably be no worse than harsh; in any event, in keeping with the law’s permissible sentences.And even if they do make an offer that’s really way out of range, your attorney will advise you not to accept it. And even if your attorney fails to do so, the judge should not give approval. (The judge is impartial, and is on the side of justice, remember?)