can a drug sentence be modified?
356269
It depends on whether they are convicted in the State or Federal, thankful in America we have a system of appeals, in if the appeal is Warranted, the sentence can be modified
264947
I don't even think the courts should be able to mandate AA/NA... offer to suspend sentencing for 60 day if the defendant WANTS to get into a recovery program, but no one gets clean and sober because a judge said to and it's such an intrusion on those that are there of their own accord.\nThe courts are, of course, quite free to establish a recovery program apart from AA/NA that they could mandate.
390032
It is the prerogative of the Judge to amend or ratify any Plea Agreement that is placed before them for review. The Plea Agreement that is submitted is only a recommendation and still has to be approved by the Judge.
1183353
The laws are same as most other countries. If someone is caught with upto 2 gms of narcotic substance then he(or she) may face smaller sentence (usually 1 year). If someone is caught is more than 2 gms or several packets then he is considered as a dealer or seller and can be punished with harsher jail sentence (more than 3 years). Also, if the police finds evidence of someone funding purchase of narcotics then such people are also treated as sellers of narcotic.\n\nHowever, there are some forms of intoxication (that are as good as narcotics) like - Ganja (I am not sure what it is called in English) - that are in use for many centuries and no one is caught for smoking it.
1083516
Yes, you can.  Only the court that imposed that restriction can lift it.  He will need to petition the court to have that portion of his sentence set aside.\n\nNo, the punishment does not seem extreme.  The carnage on the roads from drunk drivers is equal to repeating 9/11 every 38 days!  We get into a tizzy over terrorism yet turn a blind eye to drunk drivers.  That's the insanity of the whole thing!\n\nIf your b/f no longer drinks, that's a good thing.  He will need a good attorney to try to have his right to operate reinstated.  If he has 27 years of clean living behind him, maybe he has a shot.
565147
Most don't work due to a reward system for participation that is aimed at the wrong behaviors.  Sentences are reduced and parole eligibility dates are moved up based on PARTICIPATION and not on actual learning.  An inmate can participate in the same drug program several times and receive "comp" time for each instance.  Just the fact that the inmate took the same program several times indicates that he didn't really learn anything or adjuct his behavior but he is rewarded every time he takes it anyway.  As far as being "punished" after release, I haven't seen that as a major problem.  The fact that behaviors didn't change is responsible for a lack of employability and for recividism.  Many drug dealers see incarcaration as a cost of doing business and go along with the program until they are released only to return to dealing.  Prisons are not overly concerned with rehabilitation.  Most programs are started with the goal of attracting federal funds for the prison system, not changing inmates.
517206
HI MJ- Unfortunately, the law states that he can be charged, regardless of his state at the time. The only defense would be temporary insanity, but that has not worked in the past for people who were unaware of their actions due to too much alcohol or illegal drugs, so it would not likely be usable in this case either.  What may happen is that he could plead to a lesser charge due to impaired judgment brought on by a combination of a small amount of alcohol in conjunction with a legal benzodiazepene (I assume here that he had this as a prescription, and was not taking it illegally)- However, even that is iffy, because all people given BZDs are strongly warned about taking it with alcohol, and on the bottle itself there are strong warnings.  If he were using the drug illegally, then that pretty much shoots down all defenses.  But, in the end, just because he did not remember, or even know what he was doing, does not mean he will not be held legally accountable-he definitely will...how strongly will depend on his past record, the reason he was using the BZD, and the severity of the crime.  Get a good lawyer and try to plead a lesser charge based on reduced judgment due to ignorance of the drug interaction effect.  I just hope the BZD was a prescription for him.  Good luck, MJ
480600
Don't know, but it can't be good. Got you in trouble once, and you get busted again? Time to leave the drugs alone for a while, don't you think? I hope not for your sake, but this time you just might have time to think it over.
582195
I have difficulty participating in issues that are negative.  \n\nIn a drug deal, you mean someone who purchased a narcotic to endanger their own body?  \n\nOr are you talking about someone killing someone for snatching a drug from someone selling it, without paying for it?\n\nThe Bible states that moderation is the key to substances.  So, if you are drinking as long as you are not drunk, if you take in substances that alter your state of mind as long as you are not out of control.\n\nMorally we are not supposed to violate laws that have authority over us.  If you were a policeman you would not be able to ignore it.  \n\nSo, you would have to report it to whatever authority deals with that.  The consequences are what usually makes people turn a blind eye.
452697
there is not a whole lot you can do. it all depends on how she spent her time in prison. her record will speak for itself. The crime she committed makes a big difference too. Drug offenders have a better chance of making early release because the prisons are overcrowded with addicts. good luck
40271
Hopefully......NEVER!\n\nIn fact, they should go the other way and start punishing those who break the law.\n\nThat's all we need........now people can legally use a controlled substance that alters percption and makes them stupid so they can expose the rest of us to their poor decisions.  What a great idea!\n\nJUST SAY NO!
941089
Even when the sentence was ridiculous to begin with?  Non-violent drug offenders, who need rehab, not warehousing with real criminals, have often been given longer sentences than violent criminals.  I spent years working to get a woman paroled from a 20 year sentence for possessing 2/3rds of a gram.  And even though she betrayed me when she got out, and caused me deep hurt, I still do not believe it was fair that she was in as long as she was.
141960
I knew some people in the Air Force who tested positive for drugs. First, he needs to get a military lawyer. He will suggest a hair sample test for the drug. However, if you are guilty of doing drugs, they will have to put you through a rehab program before you are dishonorable discharged.
1039540
Fines and or up to 10 years for a first offense.\nPrison terms increase to 15, 20 and 25 years if there are aggravating circumstances (like using a false passport to run drugs or aid terrorism)
1121361
It's a type of drug treatment program that, if successfully completed, can get the drug charges dismissed or lessened.
586
Depends...if its a drug felony, and you complete the sentence, then have proof of treatment for it(a letter from your shrink or something) then you ARE eligible. Violent felonies or grand theft may be different.
113603
Call a lawyer, tampering with perscriptions is a crime, so I would be worried about that.  However you can find information about this in any specialized "medical law book"  You need to look at medical law so you see where this is covered.