I have not looked into his legal case, but ive read a bit of VA code, esp. § 19.2-306.1.,
Late. Check the legal thread for this same analysis. But glad you havent looked into his legal case at all. Very helful. Most informative.
Legal Thread from April
A. For the purposes of this section, "technical violation" means a violation based on the probationer's failure to...(vii) refrain from the use, possession, or distribution of controlled substances or related paraphernalia;...Multiple technical violations arising from a single course of conduct or a single incident or considered at the same revocation hearing shall not be considered separate technical violations for the purposes of sentencing pursuant to this section....The court
shall not impose a sentence of a term of active incarceration upon a first technical violation of the terms and conditions of a suspended sentence or probation, and there
shall be a presumption against imposing a sentence of a term of active incarceration for any second technical violation of the terms and conditions of a suspended sentence or probation. However, if the court finds, by a preponderance of the evidence, that
the defendant committed a second technical violation and he cannot be safely diverted from active incarceration through less restrictive means, the court may impose not more than 14 days of active incarceration for a second technical violation. The court may impose whatever sentence might have been originally imposed for a third or subsequent technical violation.
https://law.lis.virginia.gov/vacode/title19.2/chapter18/section19.2-306.1/
Ok. I'm sorry. its unfair. You didnt know he had a legal thread regarding these cases. Its cool. Got you covered in this very thread itself.
Doomer bros, We are ok. He's ok. Everythings Ok. Not to law sperg outside of the legal thread but Virginia has built in safeguards for these situations.
Failing a drug test is just a technical violation, versus a straight up violation such as getting convicted of a new charge. And guess what? The law says he gets 2 FREE CRACK PASSES! Or more! As multiple failed drug tests could be rolled up into just one revocation hearing and one "technical". Him failing three in a row is not "strike three".
Austin gets called in for another test and pisses hot AGAIN, and goes missing for almost 30 hours, and come back saying he pissed hot and has to now go to 6 weeks rehab.
This is likely his second "technical violation" and the rehab is truly the last stop before prison if it happens a third time. See my prior post regarding VA laws and technical violations.
https://kiwifarms.st/threads/austin...les-austin_07-irondollah.170347/post-20889640
All lateness aside, you get from rehab what you want to get from it. Austin has only ever wanted one thing: To avoid jail. He does not go to get sober. He does not go to get better. He goes because it has always been an avenue of avoiding jail. I dont believe Austin has ever relapsed, but is instead prolapsing, as he always plans on doing drugs. For him its a just a place to wait out some time instead of doing jail. He receives no therapeutic benefit and wants non. Austin has never gone to rehab voluntarily, but always in lieu of other adverse conditions such as jail or being kicked out from his parents.
Austin will be fine. His tard luck is holding out. He has not even been violated once, as nothing has been referred to the court to be found guilty probation violation. Which is the true shame. As I was discussing with the Keno Kasino earlier this morning, Austin likely burned his "rehab" card too soon with the first failed drug test. The meeting with the PO likely went something like this:
PO- Austin you failed your drug test. whats going on? If you keep failing drug tests I have to violate you, and that means you will face your prison sentence.
Austin (Thinking only of his prison sentence and knowing nothing of the built in 3 strikes) *crying* OMG I RELAPSED I NEED HELP SEND ME TO REHAB FOR REAL NO CAP I'M SICK I JUST NEED SOME HELP
PO- OK austin if you think you need rehab I'll make it a condition of your probation instead of sending this up for a violation.
Now when Austin does fail his piss test again, he has no more excuses and will get sent to the court for a technical violation. The judge will admonish Austin saying he needs to do better, and will extend his probation but no incarceration. Perhaps even a fine. Go forward a few months and Austin fails again, and gets sent to the court again. This time the judge looks at it and goes "well we've already sent you to rehab. You need to rethink your position in life son. there is no safe way to divert you from custody this time. 14 days in jail". Austin will go to jail for 2 weeks... easy time considering his previous 100+ day stint. A few months will go by and he'll fail again. This time it'll be for real consequences, facing the prison time. He'll squeal and cry about "PLEASE SEND ME TO REHAB I NEED HELP I JUST NEED REHAB". But the boy who cried rehab one too many times will not be heard that day.
But maybe his retard luck, he'll get to go to rehab for a 8th time.