Probation Issues

[Jipo]

Alright I'm on probation with the city of Livonia, my judge said that he would leave it up to the probation department to decide whether or not they would honor my card status. Fast forward to my first reporting date, I had all my paperwork from my doctor, copies of my application and the check clearing, gave everything to my probation officer he was very nice and cool and said I was good to go and to make sure the counseling place that drug tests me got a copy of it as well which I did. That was 5/13/10, now today I go to report and I have a notice for a show cause hearing for failing a drug test for THC... I was under the impression that I was good to go since my probation officer said it, he agree'd with me and went to the department head and tried to get it canceled but they want me to go in front of the judge and show my paper work and records to make sure "I didn't buy my card from a medical marijuana clinic". Fine an dandy I have medical records showing past treatment of my separated AC joint in my right shoulder, but my p.o. also said they're going to want statements from the doctor saying how long I am going to be on the program and my understanding is my shoulder will never be the same, I'm going to have to live with the pain and treatments available. The reason I pursued medical marijuana is the flexiril muscle relaxers my doc had me one were to much with the side effects and I couldn't function as well as I should when on them, the place I was going was the Henry ford medical center, my doc would not no way sign the medical marijuana papers, she wanted me to seek treatment in the facility and stay on the drugs that she prescribed me. I contacted Dr. Ayers in Livonia through recommendation and sent him my records, he gave me an appointment and checked everything out, gave me a physical, checked out my shoulder and my records and determined I qualify and medical marijuana would help me out. My worry is that the judge is going to treat me going to a separate facility to pursue the card as going to buy my card and I'm going to violate probation even though I was told by my probation officer that I was good to go. Should I be worried? I have the records to present, I have copies of Ayers recommendation, my application, the cashed check (well past 20 days) They said they wanted to see a letter or something saying how long I will be under this treatment and my understanding is I'm going to be in pain in my shoulder for ever, it won't magically relocate the ac joint and my only option would be surgery which I do not want screws holding my arm together, I don't think that will resolve any of my issues and fear it making things worse.

[jmorrison71]

Alright I'm on probation with the city of Livonia, my judge said that he would leave it up to the probation department to decide whether or not they would honor my card status. Fast forward to my first reporting date, I had all my paperwork from my doctor, copies of my application and the check clearing, gave everything to my probation officer he was very nice and cool and said I was good to go and to make sure the counseling place that drug tests me got a copy of it as well which I did. That was 5/13/10, now today I go to report and I have a notice for a show cause hearing for failing a drug test for THC... I was under the impression that I was good to go since my probation officer said it, he agree'd with me and went to the department head and tried to get it canceled but they want me to go in front of the judge and show my paper work and records to make sure "I didn't buy my card from a medical marijuana clinic". Fine an dandy I have medical records showing past treatment of my separated AC joint in my right shoulder, but my p.o. also said they're going to want statements from the doctor saying how long I am going to be on the program and my understanding is my shoulder will never be the same, I'm going to have to live with the pain and treatments available. The reason I pursued medical marijuana is the flexiril muscle relaxers my doc had me one were to much with the side effects and I couldn't function as well as I should when on them, the place I was going was the Henry ford medical center, my doc would not no way sign the medical marijuana papers, she wanted me to seek treatment in the facility and stay on the drugs that she prescribed me. I contacted Dr. Ayers in Livonia through recommendation and sent him my records, he gave me an appointment and checked everything out, gave me a physical, checked out my shoulder and my records and determined I qualify and medical marijuana would help me out. My worry is that the judge is going to treat me going to a separate facility to pursue the card as going to buy my card and I'm going to violate probation even though I was told by my probation officer that I was good to go. Should I be worried? I have the records to present, I have copies of Ayers recommendation, my application, the cashed check (well past 20 days) They said they wanted to see a letter or something saying how long I will be under this treatment and my understanding is I'm going to be in pain in my shoulder for ever, it won't magically relocate the ac joint and my only option would be surgery which I do not want screws holding my arm together, I don't think that will resolve any of my issues and fear it making things worse.

 

Sounds to me like the judge passed the buck to the probation department but then the probation department does not want to stand by a decision. I'm guessing the judge has not expressed how he/she wants to handle these types of events so the probation department is passing this back to the judge.

 

My big question is this, if you were told to tell the counseling/testing agency that you were a medical marijuana patient did you tell them? If you did tell them why was the counseling/testing agency reporting a positive drug test result? I would be going back to the counseling/testing agency to see why they did not report you are legal as they do when a person tests positive for opiates and has a rx for vicodin.

 

Maybe an attorney can help you clear up the showcause without having to go to the judge. Just a thought.

 

One last thing to keep in mind here is that a probation officer can only make recommendations to the judge. The judge is the person you need to get your information straight. I realize in your case the judge deferred the decision to the probation department but the judge has the ultimate decision here and it's his/her decision to make.

[vender]

Jipo sorry to hear that they (the courts) cant get together on this. This has to be frustrating. I would contact a lawyer before it snowballs into something worse. I wish you could speak your mind in courts, but you have to just do what you are asked to do. Please post back what happens. What was the reason for probation in the first place?

GOOD LUCK!!

[Jipo]

Sounds to me like the judge passed the buck to the probation department but then the probation department does not want to stand by a decision. I'm guessing the judge has not expressed how he/she wants to handle these types of events so the probation department is passing this back to the judge.

 

My big question is this, if you were told to tell the counseling/testing agency that you were a medical marijuana patient did you tell them? If you did tell them why was the counseling/testing agency reporting a positive drug test result? I would be going back to the counseling/testing agency to see why they did not report you are legal as they do when a person tests positive for opiates and has a rx for vicodin.

 

Maybe an attorney can help you clear up the showcause without having to go to the judge. Just a thought.

 

One last thing to keep in mind here is that a probation officer can only make recommendations to the judge. The judge is the person you need to get your information straight. I realize in your case the judge deferred the decision to the probation department but the judge has the ultimate decision here and it's his/her decision to make.

 

Absolutely, the counseling place has copies, the probation has copies. It should be a false positive but they reported it anyways. The judge said he would leave it in the probations hands to make a determination if I took the plea bargain so I did... The probation said I have to show cause to the judge, to me it seems like a game to get out of honoring my card. The counseling place I believe just sends the paperwork to the probation, they take it from there, my test that I passed prior to my first reporting was in my file as well.

 

Jipo sorry to hear that they (the courts) cant get together on this. This has to be frustrating. I would contact a lawyer before it snowballs into something worse. I wish you could speak your mind in courts, but you have to just do what you are asked to do. Please post back what happens. What was the reason for probation in the first place?

GOOD LUCK!!

 

Frustrating is the least of my concerns, frankly I feel I'm going to violate even though I was given permission, which in all reality if they want me to take my muscle relaxers and not use thats fine, thats all they had to say and I'd play there stupid game and get off probation and go back to my peaceful private lifestyle, however now I feel as though I've been trapped and am going to get screwed. I posted this hoping a lawyer would chime in or contact me as I don't really have funds to fight the show cause hearing with an attorney but would like to know what to expect and how I should approach it. The probation is for possession of marijuana, I got arrested prior to seeing Dr Ayers, he was backed up and couldn't get me in, I had a chance to fight everything with AD but it was cheaper for me to take the plea bargain and report for 9 months since they said they'd honor my card then it would have been to pay the AD lawyer I was talking with so I took it, paid the courts and signed up for probation. Received Dr Ayers approval in april, check cashed end of april and I waited the 20 days to present the paper work to my P.O. He told me I was good to go so I took that as I'm good to go...

[bobandtorey]

Absolutely, the counseling place has copies, the probation has copies. It should be a false positive but they reported it anyways. The judge said he would leave it in the probations hands to make a determination if I took the plea bargain so I did... The probation said I have to show cause to the judge, to me it seems like a game to get out of honoring my card. The counseling place I believe just sends the paperwork to the probation, they take it from there, my test that I passed prior to my first reporting was in my file as well.

 

 

 

Frustrating is the least of my concerns, frankly I feel I'm going to violate even though I was given permission, which in all reality if they want me to take my muscle relaxers and not use thats fine, thats all they had to say and I'd play there stupid game and get off probation and go back to my peaceful private lifestyle, however now I feel as though I've been trapped and am going to get screwed. I posted this hoping a lawyer would chime in or contact me as I don't really have funds to fight the show cause hearing with an attorney but would like to know what to expect and how I should approach it. The probation is for possession of marijuana, I got arrested prior to seeing Dr Ayers, he was backed up and couldn't get me in, I had a chance to fight everything with AD but it was cheaper for me to take the plea bargain and report for 9 months since they said they'd honor my card then it would have been to pay the AD lawyer I was talking with so I took it, paid the courts and signed up for probation. Received Dr Ayers approval in April, check cashed end of April and I waited the 20 days to present the paper work to my P.O. He told me I was good to go so I took that as I'm good to go...

 

maybe it's just a misunderstanding with the P,O you should be go to go just don't miss your court date

[Jipo]

maybe it's just a misunderstanding with the P,O you should be go to go just don't miss your court date

 

I'm hoping I'm making a bigger deal then this is, its the same day I report I wouldn't miss it, the last thing I want is to be in the legal strangle hold any tighter then I am.

[peanutbutter]

I'm under the impression, based on what I read here, that the medical marijuana would be left up to the probation department.

 

If the judge actually said it was to be left up to the counseling/testing agency, then completely ignore the rest of what I'm about to type. That would require another kind of answer.

 

At this time, it sounds like your judge will toss your violation case.

 

If the probation department is behind you, there should be no problem .. except for the counseling/testing agency.

 

They will have to explain why they falsely accused you.

 

The answer to your issue of how long will you need the mmj:

 

For the rest of my life. This doctor prefers me to use marijuana instead of morphine.

[Jipo]

I'm under the impression, based on what I read here, that the medical marijuana would be left up to the probation department.

 

If the judge actually said it was to be left up to the counseling/testing agency, then completely ignore the rest of what I'm about to type. That would require another kind of answer.

 

At this time, it sounds like your judge will toss your violation case.

 

If the probation department is behind you, there should be no problem .. except for the counseling/testing agency.

 

They will have to explain why they falsely accused you.

 

The answer to your issue of how long will you need the mmj:

 

For the rest of my life. This doctor prefers me to use marijuana instead of morphine.

 

The counseling agency is 3rd party, they have no say. In the judges ruling he said he would it to the probation department to decided. The Probation department seemed very cool about it, when I checked in the first time to sign all the papers the head of it was cool openly admitted he voted for the law. Went back to meet me p.o. he took the paper work said I was good, drug test kicked back, Show cause notice showed up, I reported to my p.o. he was as confused as I was, but the head of the department is kind of being a complain about it saying I have to show cause in front of the judge for why I failed or I lose my 7411, get convicted and probably get tied into a longer probation with more moo-poo, I'm hoping for the best, I am very well spoken and feel comfortable representing myself the only issue I'm nervous about is I didn't get signed paperwork from my main doctor where all my records came from because she personally feels medical marijuana isn't effective.

[peanutbutter]

The counseling agency is 3rd party, they have no say. In the judges ruling he said he would it to the probation department to decided. The Probation department seemed very cool about it, when I checked in the first time to sign all the papers the head of it was cool openly admitted he voted for the law. Went back to meet me p.o. he took the paper work said I was good, drug test kicked back, Show cause notice showed up, I reported to my p.o. he was as confused as I was, but the head of the department is kind of being a complain about it saying I have to show cause in front of the judge for why I failed or I lose my 7411, get convicted and probably get tied into a longer probation with more moo-poo, I'm hoping for the best, I am very well spoken and feel comfortable representing myself the only issue I'm nervous about is I didn't get signed paperwork from my main doctor where all my records came from because she personally feels medical marijuana isn't effective.

 

You got your paperwork from a specialist .. so what ..

 

I don't see any problem for you. As long as you show up for the hearing.

 

Looking again .. head of the probation dept violated you .. not your po ..

 

Judge said he would leave it up to the department. Didn't say he'd leave it up to your po ..

 

Judge might be mad but I don't think that would lead up to jail time. You had mixed signals from the various department persons.