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How Bad Is Having Obstruction Of Justice On Your Record?


Michigandr
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How bad is having Obstruction of Justice on your record? I know getting pulled over you will be more likely to have the cops want to give you a hard time. And if you have future issues with the law it makes worse for your case. Also getting a background checks for jobs could be an issue.

 

Really all of those reasons seem to sum it up.. But is there anything else I would need to worry about. I dont get pulled over unless I am consciously doing something I shouldnt. I never have problems with the law other than once and I dont think I will be applying for any jobs that would do a background check anytime soon.

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It might affect the jobs you are able to receive. You never know what you might want to do in the future or what might require a clean criminal history. I used to tell people "who would you hire, the person with a criminal history or the same type of person without a criminal history?"

 

If you have HYTA status you may want to have a serious discussion with yourself if waiting to use medical marijuana until your off probation is better than losing your HYTA status on a probation violation. Obviously that's a choice you have to make.

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It might affect the jobs you are able to receive. You never know what you might want to do in the future or what might require a clean criminal history. I used to tell people "who would you hire, the person with a criminal history or the same type of person without a criminal history?"

 

If you have HYTA status you may want to have a serious discussion with yourself if waiting to use medical marijuana until your off probation is better than losing your HYTA status on a probation violation. Obviously that's a choice you have to make.

 

I never planned on just medicating without permission but I was mulling over the idea of the judge not granting me permission to use while on probation but giving me the option to get off probation and loose my HYTA. The only reason i would ever consider this option is that I have about 16 months of probation left and I think that is too long to wait. I think the whole idea of not being able to use on probation is stupid because If i can start right when i get off it isnt very practical to deny someone, you would think they would be ok with letting probationers use so that they can at least monitor their behavior while using. Just seems weird to deny someone medical marijuana when they will eventually be able to use it. Its more like a control issue than a reasonable decision.

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If you only have one conviction you can also get it expunged after 6 years. However, military service would be affected. Many types of government service could be affected. You would be barred from many types of employment- security, bank jobs, loan and grant opportunities etc.

 

Can felons vote in your area? :blink:

 

It is a not a drug case so your possible future student loans are safe. :rolleyes:

 

How bad is it- criminal? :notfair: Que Sera Sera.

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If you only have one conviction you can also get it expunged after 6 years. However, military service would be affected. Many types of government service could be affected. You would be barred from many types of employment- security, bank jobs, loan and grant opportunities etc.

 

Can felons vote in your area? :blink:

 

It is a not a drug case so your possible future student loans are safe. :rolleyes:

 

How bad is it- criminal? :notfair: Que Sera Sera.

 

I can't tell you how many people don't know that a drug crime conviction on your criminal history could make ineligable to receive federal grants and loans for college. Even a misdemeanor drug conviction can affect being able to receive federal money for college.

 

As far as military service goes this guy would be ok as long as it's only one misdemeanor on his cch. The military uses a point system where they make a total of all the convictions and probation violations a person has. Each branch of service has different total that would prevent a person from service. I believe the Marines allowed the most misdemeanor and probation violations with a total of 4. That might have changed but that was what they used a few years ago.

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You probably should speak with an attorney for advice if you're trying to amend your terms of probation or foresee the route you explained.

 

I would but i dont have much money and I figure if I just tell the judge I am a registered medical marijuana patient he will either be ok with it or not. I would hate to spend money on something that would just turn out the same either way. I was gonna ask the guy that runs the GreenTrees Radio show his opinion on how I should state my case to the judge. I guess he is a lawyer.

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Without a lawyer the judge is going to take the PO for his/her word. That means if your PO said he/she is against it then you can bet that when you're in court the PO will recommend to the judge that you not be allowed to use cannabis while on probation.

 

I can't say for sure on this but it wouldn't surprise me if the courts have access on LEIN to verify if a person has a medical marijuana card or not. It would be considered a law enforcement agency and they have access to all the other methods of looking up criminal histories. Your PO might not have to wait until you test positive to bring you back before the judge if they are able to access this information on LEIN.

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Without a lawyer the judge is going to take the PO for his/her word. That means if your PO said he/she is against it then you can bet that when you're in court the PO will recommend to the judge that you not be allowed to use cannabis while on probation.

 

I can't say for sure on this but it wouldn't surprise me if the courts have access on LEIN to verify if a person has a medical marijuana card or not. It would be considered a law enforcement agency and they have access to all the other methods of looking up criminal histories. Your PO might not have to wait until you test positive to bring you back before the judge if they are able to access this information on LEIN.

 

I havent been using. Law Enforcement cant verify if a person has a medical marijuana card through LEIN I am pretty sure they have to call the MDCH and give then ur card number. I asked my PO to setup it up so i talk to the judge about a motion to change my terms. Im sure ur prolly right about the judge going on what my po recommends. I was thinking about calling my po and asking him if he was going to recommend that I be allowed to use medical marijuana, but I was having a hard time thinking of the best way of asking. I didnt want to just say were you going to recommend that I be allowed to use marijuana on probation, because that just seems it would make it easy for him to say no actually i was gonna say you should have to wait until ur done with probation or something like that.

 

Thanks for responding to my posts by the way... So any ideas on the best way to ask my po about his recommendation?

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The last thing I read was that LEO does have access on LEIN to verify if a person is registered with the medical marijuana program.

 

I've read what people have been saying to you and I still think you really need to talk to an attorney about this. If the PO already indicated to you that he/she does not believe you can use medical marijuana while on probation then you can bet that the PO already has an idea on where the judge will rule on your motion. You can always ask for a consultation with an attorney. Typically they don't charge for the initial consultation. I would find a criminal attorney that works out of the court your in and speak with him/her.

 

You might also want to make sure that you clearly know what you were convicted of in court. You might think that you were convicted of Reckless Driving when in fact it's a higher charge. Look on your probation paperwork from the court. It will tell you on there what you were convicted of and what you have HYTA status on.

 

The last thing I would check into is to make sure you find out what the PO is bringing you before the court for. Is he/she filing a showcause motion as part of a violation of probation or are they just simply giving you a date to go and speak with the judge? That could make a big difference.

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The last thing I read was that LEO does have access on LEIN to verify if a person is registered with the medical marijuana program.

 

I've read what people have been saying to you and I still think you really need to talk to an attorney about this. If the PO already indicated to you that he/she does not believe you can use medical marijuana while on probation then you can bet that the PO already has an idea on where the judge will rule on your motion. You can always ask for a consultation with an attorney. Typically they don't charge for the initial consultation. I would find a criminal attorney that works out of the court your in and speak with him/her.

 

You might also want to make sure that you clearly know what you were convicted of in court. You might think that you were convicted of Reckless Driving when in fact it's a higher charge. Look on your probation paperwork from the court. It will tell you on there what you were convicted of and what you have HYTA status on.

 

The last thing I would check into is to make sure you find out what the PO is bringing you before the court for. Is he/she filing a showcause motion as part of a violation of probation or are they just simply giving you a date to go and speak with the judge? That could make a big difference.

 

I only have HYTA status on my Obstuction of Justice charge. Its not a motion as part of a violation, I havent violated any terms of probation. It is a time to speak with the judge, I believe for a motion to change my probation terms to allow use.

 

I figure if i present

 

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount.

 

And the part that basically says that any other law that is conflicting with the MMMA does not apply, but i couldnt find it.

Then that would pretty much be all I would need to present and he wouldnt be able to deny me.

 

I look into consulting a lawyer.

 

What are your thoughts on presenting those points?

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Did the PO give you paperwork for your courtdate? If so what does it say where it lists what you are returning to court for?

 

Not yet, I need to call him and make sure I get whatever paperwork/date info I need. I am almost 100% positive it will say, something along the lines of "Motion to use medical marijuana on probation" or at least "Motion to change probation terms".

 

Dont you think section 4 A will pretty much be the point I need to make?

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Many courts don't file motions to amend probation through their probation officers. That is usually left to an attorney since the PO usually does not want any changes to the probation since he/she probably are the ones that recommended the sentencing conditions in the first place. Some courts will schedule a general court date to allow the person to speak with the judge but that is usually just a general court date. As I put in my other post, every court is different on how they handle things.

 

A PO will file a showcause hearing if he/she believes you are in violation of your conditions of probation. That is the usual way that a PO will schedule anything before a judge. Make sure when you get your paperwork for your court date that you are clear as to why the PO is bringing you before the judge. Look it over or ask the PO to make sure it is not a showcause.

 

I would make sure you have a copy of the law, copies of all your paperwork, your card, and anything else you think might be helpful in explaining why you need to use medical marijuana.

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Many courts don't file motions to amend probation through their probation officers. That is usually left to an attorney since the PO usually does not want any changes to the probation since he/she probably are the ones that recommended the sentencing conditions in the first place. Some courts will schedule a general court date to allow the person to speak with the judge but that is usually just a general court date. As I put in my other post, every court is different on how they handle things.

 

A PO will file a showcause hearing if he/she believes you are in violation of your conditions of probation. That is the usual way that a PO will schedule anything before a judge. Make sure when you get your paperwork for your court date that you are clear as to why the PO is bringing you before the judge. Look it over or ask the PO to make sure it is not a showcause.

 

I would make sure you have a copy of the law, copies of all your paperwork, your card, and anything else you think might be helpful in explaining why you need to use medical marijuana.

 

What exactly is a showcase? Is that just something for violations or is that just a general appearance in front of a judge?

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I won't go into the legal defintion of a showcause proceeding since you can look up that on Google. Look it up when you are looking to take a nap. :rolleyes:

 

Basically in a nutshell it means that you are being asked to show cause to the court why you didn't violate a condition of your probation. It is the proceeding that is used for violations of probation and is usually the way that a PO would bring a person back before the judge. Sometimes it is used for simple things like unpaid fines and other times it is for more serious things. The proceeding then works on a proponderance of evidence hearing like what is used in a civil case. The PO would provide what he/she thinks will prove that the person violated the conditions issued by the court and the person would have to prove why he/she didn't. If the person is found guilty of the violation then the PO usually makes recommendations to the judge as to what should happen to the person.

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I won't go into the legal defintion of a showcause proceeding since you can look up that on Google. Look it up when you are looking to take a nap. :rolleyes:

 

Basically in a nutshell it means that you are being asked to show cause to the court why you didn't violate a condition of your probation. It is the proceeding that is used for violations of probation and is usually the way that a PO would bring a person back before the judge. Sometimes it is used for simple things like unpaid fines and other times it is for more serious things. The proceeding then works on a proponderance of evidence hearing like what is used in a civil case. The PO would provide what he/she thinks will prove that the person violated the conditions issued by the court and the person would have to prove why he/she didn't. If the person is found guilty of the violation then the PO usually makes recommendations to the judge as to what should happen to the person.

 

Lol, not quite ready for a nap.

 

Its definitely not a showcase. I will most likely find out tomorrow. I believe he was going to file a motion. But as you said that would be something I would have to do. But he said he was going to, so I'm not sure if he was being helpful or if I misunderstood what he was doing.

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