Expert: Robin Sexton - 7/8/2009

Question
I am on supervised release following my incarceration for a marijuana conspiracy charge. My conduct was perfect pre during and post, until recently.  I left the state without permission, and was arrested there at a music festival, with some marijuana(1ounce approx) right now the charge is with intent.  I have not told me po yet and was told to have a lawyer when I do, and am having trouble contacting one.  Should I have a lawyer when I contact him? and is this most likely a jail sentence?  I would appreciate any information or speculation.

Answer
Ryan,

Sorry about the problem you got yourself into.  Contacting an attorney prior to talking with your PO is probably moot.  If the PO wants to violate you on the spot then there is really not much an attorney can do for you at that time. However i would never suggest someone not contacting an attorney if they think it is a good idea, seldom is it a bad idea. At least they can start preparations. I would strongly suspect that your PO will violate you.  Leaving the state was bad enough, getting popped with MJ again pretty much guarantees a Probation violation.  Jail is impossible to speculate on without a whole lot more information.  The area you are in, your prior record, the judges perspective on your conspiracy charge and your probation officers thoughts.  All are some pretty wide variables.
Do not delay much longer in informing your PO to what is going on, they really hate being surprised


Good luck

robin