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Marijuana Possession -- How much probation?

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Latest post Fri, Jul 21 2006 1:31 PM by RickInNoCal. 8 replies.
  • Thu, Jul 20 2006 12:20 AM

    • bbgun
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    • Joined on Thu, Jul 20 2006
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    Question [=?] Marijuana Possession -- How much probation?

    On june 13th I was charged with Possession of drug paraphernalia and Possession of marijuana (12.9 grams). I am currently living in Iowa and I am 17 years of age, but within 6 months of my 18th birthday. I was wondering if they charge me as a juvenile how much probation I will recieve... It is also important to note that I entered into a substance abuse class (July 5th) prior to my intake hearing (July 20th). If I am charged as an adult, how much probation (if any) will I receive and what will the punishment be like?
  • Thu, Jul 20 2006 9:12 AM In reply to

    • Puck
    • Top 100 Contributor
    • Joined on Sat, Oct 27 2001
    • GA
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    Feedback [*=*] re: Marijuana Possession -- How much probation?

    What makes you think you'll get probation, and not jail time?
  • Thu, Jul 20 2006 12:00 PM In reply to

    • Ford
    • Top 10 Contributor
    • Joined on Thu, Mar 16 2000
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    Feedback [*=*] re: Marijuana Possession -- How much probation?

    I don't think anyone from Iowa is on the boards. Juvenile systems vary tremendously across the country. Individual judges vary tremendously.

    Many judges are going to take MJ possession in a juvenile very seriously. They know that if you are doing this stuff as a juvenile, the chance of you getting charges after becoming an adult is VERY GOOD, whether they are additional possession charges, driving problems, or felonies. Kids who do drugs become adults who break the law, usually.

    In many states the juvenile system can keep you under its thumb until you are 21.

    Entering into an SA class before you see a judge is helpful, but judges also know that classes don't cure the world. Most people who take a class/treatment continue to do what they were doing before.
  • Thu, Jul 20 2006 12:03 PM In reply to

    Feedback [*=*] re: Marijuana Possession -- How much probation?

    They can keep you on probation at least until your 21st birthday. Probation is the least of your problems--they can very well order you to serve time at a juvenile detention center. You don't WANT them to charge you as an adult. Juvenile offenses are by and large sealable at some point. Adult charges follow you around forever AND if you planned on going to college, an adult drug conviction would exclude you from being able to obtain federally guaranteed student loans. That's on top of the problems you'll have down the road just getting a job. You'd be pretty much barred from any government job and have problems if you chose a career that required licensing through the state such as a teacher, medical professional, etc.
  • Thu, Jul 20 2006 1:49 PM In reply to

    Iowa Penalties...

    The maximum penalty for first offence possession of a small amount of marijuana in Iowa is 6 months in jail. If adjudicated as a minor, you could be sent to juvenile corrections, theoretically, until you're 21.

    However, a juvenile conviction has a lot less long term consequences than an adult one.

    Supplying marijuana to a minor is a serious felony in Iowa, carrying a minimum 5 year mandatory prison term, with a maximum of 25 years. Therefore, one thing the courts are almost certainly going to want you to do is identify your source. If you refuse to co-operate, that could result in a judge giving you the maximum sentence he can.

    I assume you have a lawyer? If not, get one NOW.

  • Thu, Jul 20 2006 3:13 PM In reply to

    re: Marijuana Possession -- How much probation?
    Check out the National Juvenile Defender site and see if you can contact them and establish if they may have any information about your area and where you can get more advice.

    If you are eligible for free legal aid, or representation through your jurisdiction, apply for this immediately. Contact the Juvenile Clerk's desk in the court house, if you are appointed legal aid, and then make immediate contact with your atty.

    Through your information sources / atty - see if its too late to request pre-filing diversion. I gather you've been charged so chances are it is. I'm NOT an atty, I'm not American and I know nothing about Iowa at all - so theses are "just" suggestions.

    Establish who is conducting your pre-sentence investigation and if there are any agencies in your area (such as CASA or citizen review boards) who you can request assistance from / review with.

    Keep all documentation of your efforts to correct your misbehavior - read the Iowa Juvenile Justice Code and see what your rights are as a 17 year old. Email the National Juvenile Defender Center if you think you are being unfairly treated and see if they can set you in the right direction.

    Ignore unconstructive, cynical comments from people on message boards who clearly think that marijuana possession merits more than just probation. Clearly they have nothing better to do with their time. As Oscar Wilde once said, cynics know the price of everything... but the value of nothing.

    Good luck!
  • Thu, Jul 20 2006 3:18 PM In reply to

    re: Marijuana Possession -- How much probation?

    Excuse my knee-jerk comment at the end there. I see from reading "Richard's" post, that the situation in Iowa is a lot tougher than I realised...

    I had no idea. Good luck nonetheless, and apologies for running off the handle!
  • Thu, Jul 20 2006 5:55 PM In reply to

    • fao
    • Top 150 Contributor
    • Joined on Wed, Jan 12 2000
    • Posts 336

    News [|*|] re: Marijuana Possession -- How much probation?

    Actually, the law changed 7/1/06 so that the conviction must have occurred WHILE the offender was receiving federal aid.
  • Fri, Jul 21 2006 1:31 PM In reply to

    Disagree [)*(] re: Marijuana Possession -- How much probation?

    "Ignore unconstructive, cynical comments from people on message boards who clearly think that marijuana possession merits more than just probation."

    Regardless of what the law is in Iowa, or any other State, I will say that marijuana possession by a juvenile DOES merit more than just probabtion.

    If an adult chooses to indulge then, then, so far as I'm concerned, that should be allowed to be his own decision (even though the law disagrees)

    Use by a child is a whole different can of worms, and I do think that more than a 'slap on the wrist' is needed to stop them in their tracks.

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