I violated probation by testing pos. for THC, but have not used AT ALL. Was sentenced to 23 days in Iosco Co.. Asked to be put on a tether and they said NO, Why? I need to be home because my mom has had 4 back surgeries in 2 yrs., and I need to bathe her, cook, clean an everything else for her, but my probation officer and lawyer said there was nothing they could do. I feel like no one will listen to me. I am in college for Criminal Justice and after getting in trouble last Dec, and only having 2 mths. probation left, why would I jeopordize all my life and carreer? I wouldn't, I have learned my lesson. I have intestional malrotaion, and since that started acting up in Aug, my tests have came back positive. No one knows why, they just keep saying, I must have used.NO Please help
Family Law Attorney
It would appear the only way you would have been able to avoid jail time would have been to have a medical expert testify that somehow your body, due to intestinal malrotation, began creating THC all on its own. Frankly, that is an unlikely scenario and might explain why your attorney and your probation officer are telling you there is nothing they can do for you.
At this point, because the judge has already made a ruling your only option to avoid jail would be to file an appeal.
2 lawyers agree
Criminal Defense Attorney
You may be able to have an attorney file an emergency motion for reconsideration of the sentence. Your strongest arrgument would be that you are a caregiver for your mother. As a criminal defense lawyer, several of my clients are caregivers for family members. In other words, situations as you have described are not uncommon. On the other side, Judge's need to administer a sentence and cannot give someone a free ride because of caregiver-status. However, the Judge may allow you to serve the sentence down the road when you can arrange for other caregiver options for your mother. You can also ask the court to consider sentence alternatives to incarceration such as house arrest and random testing. You say that your sentence starts on 12/16/11 so you this is a long shot in my opinion to get all of this arranged by then. Good luck.
1 lawyer agrees
Criminal Defense Attorney
Longer term, you should obtain a Michigan Medical Marihuana Act card, which, absent some other restriction, will allow you to medicate legally.
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