DUI is the punishable offense charged for driving the mechanically powered vehicle under the influence of drugs or alcohol. The common punishment for this crime is revocation of driving license of the driver. The revocation period may depend on the harshness of the crime. When you are charged for DUI, these charges can have bad impact on your professional career and even on your personal life. It is possible to erase these charges from your record if you take instantaneous action after your DUI arrest.

The DUI conviction can have much dreadful effects than what you imagine. It will not only show on your driving record, but it will also affect your probable jobs. These driving charges can also affect your auto insurance coverage. When any driver is suspected for drunk driving, he is asked to stop by the police and checked for the BAC level. The test consists of two parts. The breath test and the blood test. The drive is initially checked for any impairment in physical actions. Then the breath test is carried out to check the alcohol content in the blood. The breathalyzer is inserted into the mouth of the driver and he is asked to blow into the device. The meter in the breathalyzer displays the alcohol content in the breath of the driver. If this count is above 0.08%, he is asked to undergo the blood test for further confirmation. The professionals present at the DUI checkpoints conduct the blood test immediately and produces the results. If driver is found guilty in this test, he is chargeable under this conviction.

The most common punishment is cancellation of driver’s license. For the first DUI offense, the license is suspended for the period of 1-4 months. The license suspension period increases with the multiple offenses. If any serious injuries or demises are involved in the accidents related to DUI, the driver may face permanent suspension of driving license, and long-term imprisonment with heavy fines.

Life after DUI

The life of the person after being charged under DUI conviction becomes very challenging. Many jobs require the person with clear criminal record. Your DUI charge will be remarkably visible on your record. You may not be eligible for the job positions you desire. In some cases, you may suffer loss of current job.

It is not that DUI conviction remains on your record and cannot be cleared. It is possible to erase the DUI charges if you contact your DUI Lawyer immediately after your arrest under these charges.

There are many laws that can embarrass you after you are convicted for multiple DUI offenses. For example, if you are charged DUI for multiple times, you are forced by the law to have the bright yellow colored license plate on your car so that every driver and potential officers know that you have been charged for multiple DUIs in past.

It is obvious that you don’t want to face this serious conviction. But when you are charged for DUI, you may be charged with:

Heavy fines

Imprisonment

Job loss

Suspension of Driving License

Difficulty in finding employment

Community Services

Also, any future DUI arrest will impose heavy fines with increased imprisonment period. You may even face felony charges if it is your fourth DUI conviction. It is always better to park the vehicle and call up the friend to drop you home whenever you are drunk.

Roy K Butler is a professional expert in providing information related to DUI and DUI Charges.

Article Source: http://EzineArticles.com/?expert=Roy_K_Butler
http://EzineArticles.com/?Life-After-a-DUI&id=6322655

The law is somewhat lenient to first time offenders. Technically, it call for a jail sentence, but first time DUI offenders usually have this sentence suspended and the driver is put on probation. In simple terms, this means that the offender is subject to community supervision. Probation usually lasts one to two years. The offender must obey the judge’s order or the suspension can be revoked.  The offender can then face a prison term.

Usually a condition of probation demands that the offender must not violate the law, or drink alcohol. At the same time, it is necessary for the offender to maintain a job. The offender must follow all the regulations laid down for the probation period. This includes reporting to the prison office, usually once a month.

The offender also has to pay the requisite fees including the fine, court expenditure, and monthly probation fees on time. The condition for probation also requires the offender to do community service, which can vary from 24 to 80 hours.

The aim of probation is to educate the offender to the consequences of driving under the influence. This is why it is mandatory for the offender to attend DWI (driving while intoxicated) education classes.

Moreover, Mothers Against Drunk Driving (MADD) has designed an educational program on the dangers of DWI, called “”Victim Impact Panel”". It is mandatory for an offender to attend these classes to get acquainted with the dangers involved with driving under the influence of alcohol. [http://www.WetPluto.com/Driving-Under-The-Influence.html]Los Angeles DUI Lawyers provides detailed information about Los Angeles DUI lawyers, driving under the influence, DUI and fines and more. Los Angeles DUI Lawyers is affiliated with Florida DUI Attorneys Info.

Article Source: http://EzineArticles.com/?expert=Kevin_Stith

My job is to protect my clients. Avoiding a term of probation supervision is part of that protection. I do recognize the value of the probation department, and when it is appropriate, their services can be invaluable.

For younger people whose parents can not control them (the out of control teens) NYS has a PINS Program (Person In Need of Supervision) and pre-PINS probation program. These forms of probation are where the child reports to a probation officer who provides the child with resources, supervision, and direction (psychological counseling, drug counseling, job counseling, school counseling). I do feel that probation is a good thing for some adults as well. As an alternative to incarceration, probation supervision allows them to remain gainfully employed and get counseling for their drug/alcohol issues. Tompkins County also has a Felony Drug Court Program which is probation based, and more intense in it’s rehabilitative goals.

Where I have an issue with probation is where it is recommended or the prosecution wishes to apply it to those adults who do not have drug and/or alcohol dependence issues. Some of these people would not benefit from Court Ordered Probation Supervision. I feel in some respects it is a punishment worse than a short jail sentence.

Recently I was in Court, and was watching an attorney and his client go through a plea and sentencing for a DWI. I observed the judge tell the attorney that because of Probation his client could not now get a condtional license at the DMV. The attorney had a look of shock. What he did not know, and what he failed to tell his surprised client was that once the probation department is involved (You are ON Probation or IN Probation) they decide when and if you get your license back. Not the Court and Not the DMV.

Some of the “terms and conditions” of a three year or five year probation:

1. Report to a Probation Officer or have the Probation Officer make surprise (unannounced) visits to your home or elsewhere (perhaps your job).

2. Remain within the Jurisdiction of the Court unless granted permission to leave (No random visits to relatives or friends or potential job opportunities in other states).

3. Be available for questions from your probation officer.

4. You must receive permission (prior consent) from your Probation Officer before you move, change your job, or remain away from home past 12:00am.

5. Refrain from disreputable people or places.

6. Abstain from the use of all drugs (except by prescription), as well as the use of any intoxicating beverages (alcohol).

7. Stay away from all places where (intoxicating beverages) they are sold or served for on-premises consumption.

8. You must submit at any time without notice and without a search warrant to a search of your person, residence, vehicle, or other personal property, leased and/or owned that is not your residence and any area under your immediate control and permit seizure of any contraband.

9. You must be granted permission to obtain any type of driving privilege or license whether conditional or unconditional.

10. You may have to place an ignition interlock device on your car, and at your expense as required by the Probation department.

11. You have to submit upon request with or without prior notice to any appropriate test including breath, blood, urine or saliva for the purpose of determining the alcohol and/or drug content.

12. Undergo an evaluation for alcohol and/or substance abuse and follow through with any treatment and/or counseling recommended, including inpatient and/or aftercare treatment, and shall undergo said treatment for as long as required, all at your expense.

13. Attend and actively participate in and successfully complete counseling/treatment/educational programming/self help group as designated by Probation.

14. Not drive a car without permission of Probation. Must inform Probation of all cars owned or operated and their plate numbers.

15. Work faithfully at a suitable employment or pursue a course of study or vocational training that can lead to suitable employment. You can not quit or change employment without permission by Probation.

16. You are not allowed to own, use, or possess any guns, rifles, shotguns, stun guns, taiser, swords, ballistic knives, gravity knives, weapons, etc.

As to true understanding of the application of the Probation Department’s terms. I have had clients have to decline better employment in neighboring states. I have had client’s have to submit to liver enzyme blood screens with Probation seeking to discover weekend drug use.

In some counties, it is well known that their Probation Departments do not give permission to have a driver’s license for years. So some things can truly be worse than three or four months in prison.

Larry Newman, Ithaca DWI Lawyer http://www.ithacadwi.com http://ithacadwi.blogspot.com

607-229-5184

Article Source: http://EzineArticles.com/?expert=Lawrence_Newman

A DUI is a mistake that can plague you for life & make your future miserable .  From super high insurance rates to trouble passing a simple employment background check, those three letters will mark you as sure as if you had them written in red ink on your forehead.  Figuring out how to beat a DUI is imperative if you are to get on with your life. Luckily, there are things you can do to completely erase or seriously minimize the damage a DUI does to your driving AND criminal records.  If your DUI meets several simple criteria, you may be able to learn how to beat a DUI charge & have your record expunged completely, in all 50 states!

DUI convictions are a huge source of income to local governments in all 50 states, & there may be pressure to increase revenue by making more arrests.  In addition, political lobbying groups such as Mothers Against Drunk Driving have a vested interest in keeping DUI arrests high.

The extremely polarizing nature of this offense has made DUI a “political” crime, with a one size fits all punishment system for ALL offenders.  This means that  someone who barely fails a sobriety test after having 2 or 3 glasses of wine at dinner gets the same punishment as someone who blows 3 times the legal limit after causing an accident with serious injuries.  And when someone notices those 3 letters on your background check, they are likely to conjure visions of the second scenario.

All this means if you are convicted of a DUI, you’re life will change for the worse unless you educate yourself on how to beat a DUI charge.  Even if your DUI is several years old, there are things you can do to minimize its effect on you life.

Most states allow for the clearing of your DUI record, & in those that don’t, there are still options other than expungement that will help you minimize the damage done to your record.  That means that no matter where in the US your DUI took place, you can either clear your record or significantly reduce its impact on your life!  In addition the bureaucratic & inefficient nature of government creates a lack of communication between the agencies involved that you can legally use to your advantage.

Armed with the proper information, almost anyone who has not caused loss of life, injury, or severe property damage as a result of their DUI can  learn how to beat a DUI charge or significantly limit the damage it does to their life!  This includes saving thousands on high risk automobile insurance & keeping the DUI from showing up on background checks.

Don’t let your DUI charge be the Scarlet Letter that limits your job opportunities & costs you thousands of extra dollars in car insurance premiums! Arm yourself with the facts you need on how to beat a DUI or seriously reduce the effects it has on your life. Go to http://www.clearduirecord.info to get your FREE DUI Strategies report outlining what you can do to reduce or completely reverse the adverse effects you DUI will have on your life!

Article Source: http://EzineArticles.com/?expert=Drew_B._Spaeth

When you really think about it, the concept of bail is a pretty civilized idea. If you’ve been arrested for a crime, buying your freedom is probably a small price to pay.

The story of bail could be said to have originated in medieval England where the local sheriff had the basic right to hold an accused person or to release him prior to trial. Apparently, this system was much abused with the sheriff deciding those who could pay him the most deserved to wait for their trials at home, and the ones unable to pay would wait in the jail. As early as 1275, laws were enacted to define what offenses were “bail offences”, and which were not.

The problem came to a head in the 17th century. The King of England, Charles I, decided he needed some loans from his nobles. Those that refused to make the loans were imprisoned. Apparently, the idea was that the nobles would rot in jail while the King worked out exactly what offense they had committed and arranged a trial. This process could have been extended forever. The English Parliament got involved and passed the Habeas Corpus Act of 1679 that said that an Englishman could not be held without a chance to post some sort of surety bond unless accused of a heinous crime or some other justifiable circumstance.

Ten years, later, the English Bill of Rights made this a basic part of English law. People were guaranteed the right to be free from excessive and unreasonable bail that was designed to hold them in jail unfairly before an actual trial or sentence. This became the basis of the 8th Amendment in the United States Bill of Rights. The concept of Habeas Corpus was established. It is based on the concept that no man is guilty until proven so in a court of law, and so, does not deserve to be imprisoned until a trial has decreed a sentence.

Bail became the way to insure this right, and it could not be excessive or unfair. Yet, on the other hand, although people are innocent until proven guilty, some of them are guilty and will eventually be proven so. The bail system had to insure against the release of criminals who would only flee and either escape or be recaptured at great expense.

In the United States, the major issues that have been addressed by the various changes in the bail laws have been of the danger of released accused fleeing or, worse, committing additional crimes. The idea that certain people pose a danger to the community and should be denied bail is at the heart of the current United States Code regarding bail. This determination demands a judicial decision. The question of the rights of the accused versus the safety of the community underlie all debate on bail laws.

Aazdak Alisimo provides [http://www.bailbondsassistance.com/bail-bond-information]bail bond information for free at BailBondsAssistance.com where you can find [http://www.bailbondsassistance.com]bail bonds companies across the nation.

Article Source: http://EzineArticles.com/?expert=Aazdak_Alisimo http://EzineArticles.com/?Using-Bail-To-Get-Out-Of-Jail—What-A-Civil-Idea&id=1160977

There are millions of criminals and ex-criminals in the country, and that’s just counting those who got nabbed. Based on historical data, a good portion of them would not have learnt their lesson. The recidivism rate within 3 years of release reportedly averages around 3% and greater than 15% for those who relapse while still on parole or probation. How can we spot them when we cross path?

We can indeed quite readily find out the truth about people on many things, past and present, not least their criminal history or current standing from their Public Criminal Records. There are several other related supportive-type record categories such as Arrest, Inmates, Jail, Sex Offender and Police Records but Public Criminal Records is the most widely used as far as Criminal Violation Checks are concerned.

Criminal Records can be quite confidential in content but they are public records nevertheless. That means anyone can access anybody’s Public Criminal Records as long as it’s done through the proper channels. They can be requested from the local police department if the exact residential location of the subject is known. Alternatively, they are obtainable from the appointed state agencies in charge of the function. The standard methods of retrieval are by mail, walk in, telephone, fax and more recently online over the internet. They can also be purchased from commercial record providers.

The standard information found in Public Criminal Records are the personal particulars of the subject, the details of the crime like date and place where it’s committed, the case type and number, photographs, conviction or sentence, arresting agency and so forth. If there were multiple criminal violations, they will all be shown except for those which were committed outside of the state.

Public Criminal Records come under the jurisdiction of the state government. Being so, they are subject to variations between the state laws from state to state. Differences in the laws governing the access of the records and the treatment and use of the information derived from them are commonplace from one state to another. On top of this, they are not linked between the states. This means that each state would have to be searched individually if there’s more than one to cover.

Public Criminal Records are widely retrieved these days. They are done so for a variety of reasons, most common of which are employment screening, social volunteer assessment, police work, legal proceeding support and background checks on neighbors, colleagues, tenants, friends and even relatives. It must be noted though that restriction concerning privacy and discrimination applies so it’s best to check with the authorities or professionals on their proper access and use.

There are two versions of Public Criminal Records namely the free-of-charge (FOC) and paid ones. The majority of FOC records are from government agencies. The procedures to obtain them are usually tedious and require waiting time. Paid records from commercial information brokers are the no-fuss answer for those who are not game to the challenge of red tapes. A financial cost is incurred but they are generally worth the money.

Checking out   Public Criminal Records?  We can provide assistance. Visit us at http://www.states-arrest-records.com/public-criminal-records/ and learn all about Criminal and other related Records.

Article Source: http://EzineArticles.com/?expert=Ben_Jen http://EzineArticles.com/?How-To-Search-Public-Criminal-Records-Online&id=1147991

If you have just served some time in jail and you are on probation, you are dictated not to commit any other felony for a certain period of tie. You are also going to be monitored by a probation officer (PO). Now, what if you got pulled over the highway for some traffic violation? You may be wondering now, “Is getting speeding ticket while on probation going to hurt my case?”

Not if you clocked just a few numbers up the speed limit… Unless you get charged with stronger cases like Driving while Intoxicated (DWI), Driving under Influence (DUI), hit & run accident, or felonies like drug possession, weapons possession, manslaughter, or robbery – you have nothing much to worry about. A traffic citation couldn’t hurt you unless there are special rules about it in the state where you are.

Although getting speeding ticket while on probation cannot really add salt to your existing injury, it is absolutely recommended that you inform your probation officer about this. This officer should always be aware of your moves and your status in the society while under probation.

It could really make you feel so much anxiety getting speeding ticket while on probation but you shouldn’t. Talk to your probation officer about the citation and ask how this could affect you. If he tells you that there’s nothing to worry about – then you have nothing to worry about.

Should you find it a little difficult to approach your PO, you can use the Internet to search for information about so many things related to probation and a speeding ticket. You will find out that in most states, a speeding ticket cannot really harm your extended rehabilitation under federal observation.

If you can help it, be extra careful about the moves you make while on probation. You may want to refrain from speeding so you won’t be caught in the legal tangle again. You may want to stay on a low while you’re serving probation time.

Probation dictates that you cannot commit a crime or be arrested while seeing the process through. If you got really unlucky and you got pulled over by an officer, you may want to do what you can to avoid anything that will spark the officer up. If he takes you into custody then you will have a problem.

As mentioned, simply getting speeding ticket while on probation should not be something to worry much about. The case depends on the evaluation of the judge. A few MPH over the road limit cannot be all that bad for you.

Steering clear of any violations however small can be your best move while on probation. Be patient about so many things. Be extra aware of the laws wherever you are and be extra abiding. You are still under the rehabilitation system that has tried to straighten you out for sometime in jail. Do what you can to be a better citizen by avoiding citations. Avoid getting speeding ticket while on probation just to be sure.

Got a Getting a [http://www.TrafficTicketSaver.com]Speeding Ticket While on Probation?  Learn how to get out of it with NO FINE and NO POINTS on your record.  Go to [http://www.TrafficTicketSaver.com]www.TrafficTicketSaver.com now!

Article Source: http://EzineArticles.com/?expert=John_Oleander [http://ezinearticles.com/?Getting-a-Speeding-Ticket-While-on-Probation---Learn-How-to-Avoid-This-Mistake-at-All-Costs!&id=1538760 ]http://EzineArticles.com/?Getting-a-Speeding-Ticket-While-on-Probation—Learn-How-to-Avoid-This-Mistake-at-All-Costs!&id=1538760

Jail records are among the most important and the most sensitive data gathered by public institutions. The limits of access to court and jail records is one of the more battled issues concerning the freedom of information. For many people the ability to check if the strangely-acting neighbor is a known sex-offender, or if their new potential business partner has ever been sentenced for a financial fraud is an important mean of self-protection. On the other hand, there are hundreds of thousands people across the united States who at one time or another had problems with the law. Many of them after receiving the punishment started a new life. Revealing their past might cost them their jobs or families. A public and unlimited access to jail records would put them in constant danger even though they have already paid for their wrongdoings.

What most people miss however, is that the real problem with jail records lies elsewhere: in our practical ability to check them and then connect a record to a real person. What most people do not know is that there is no such thing as a truly nationwide jail record check. Even the FBI database does not cover the whole country or all kinds of crimes. The accessibility of many local databases is still limited and there are many counties that still do not offer a complete database of criminal records. To make situation even worse, we have to remember that jail records are only a small part of the problem. The fact that there are at three kinds of criminal records (arrest, criminal court, and corrections) only adds to the practical difficulty of the search. The fragmentation of the data makes checking jail records untrustworthy to say the least. We can easily confirm that someone is (or rather may be) a former criminal, but we can’t really check if he or she is innocent or not.

To make the situation even worse, jail records are just as prone to mistakes as anything else. While many jail records have a picture of an offender attached, there are still some who have only the person’s name. What is more, human mistakes sometimes cause wrong names to be connected with the prison sentences. It does not happen very often, but since most companies offering access to jail records operate on databases with between 60 and 130 million entries each, even a 99.99% accuracy still leaves 6 to 13 thousand mistakes in a single database.

For all those practical reasons, any check of jail records gives us only partially complete data. While contacting a company providing jail record and criminal record checks is generally a good idea when we want to confirm our suspicions, the results may never be considered as final proofs. here is simple no way to see if someone is a good citizen or not. If you want to be sure, you need to perform a few other checks, including a social security number check in order to learn anything hard.

Jeff Bender is an expert in society and law and has written several articles about Public, Criminal and Jail Records. You will find more Information on his website at: [http://www.squidoo.com/jailrecords/]Jail Records

Article Source: http://EzineArticles.com/?expert=Jeff_Bender http://EzineArticles.com/?Jail-Records&id=632442

When you have been charged with some type of criminal offense, there are many types of punishments that you could receive for the many different crimes that you could have been charged with. For most felonies, there is usually jail time that goes along with most of these charges. For some people, they are required to serve a certain amount of jail time before they are allowed to be on either probation or parole. There are major differences between being on parole and being on probation.

Parole is defined as an early release from an incarceration because of good behavior while in the correctional facility. This basically means that if a person has been incarcerated for a certain amount of time and that person goes before the parole board of the jail facility. When the person goes before the parole board, they will evaluate that person on their behavior over the time that they have been in jail. If they have had good behavior and the board thinks that it is appropriate, they will let them on parole for the rest of their sentence. During the parole period, the person will be required to visit or speak with their parole officer on a daily basis. The person will also be required to take drug tests when parole officer feels it is necessary. There are also certain restrictions that you are not allowed to do while you are in your parole period.

Probation on the other hand is slightly different than parole in inst definition. Probation is defined as an alternative punishment for a judge to assign someone who has been charged with some sort of criminal charges and is awaiting a punishment. Basically if you are a first time offender or the judge thinks you have learned from your crime, they can choose to give you probation which is officially monitored time in the community. This means that you will have visits regularly by your probation officer. Unlike being on parole, if you are given probation, you will not officially serve any of your time in jail. All of the time on probation will be in your home doing your daily activities. You will also have appointments to meet with probation officer as well as drug tests on a regular basis. Like being on parole, there are many restrictions that will apply to being on probation as well. The restrictions will vary depending on what type of situation you are involved in. With both parole and probation, a violation of any one of the restrictions that they give you can lead your parole or probation being revoked and you will be put in jail for the remainder of your sentence.

For more information, contact the Appleton Criminal Defense Attorneys of Kohler & Hart at http://www.appletoncriminalattorneys.com

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine http://EzineArticles.com/?Understanding-Probation-and-Parole&id=1318513

Introduction

Many people have opposing views on how the drug problem should be tackled, with the epicentre of any debate focusing on two differing solutions to tackle the problem.  These two solutions consist of imposing a sanction such as prison, or tackling the problem from a different angle by offering probation to an offender coupled with drug treatment programs.  This article will assess to the effectiveness of the two systems.  Firstly, the drug crisis and its effects on society will be examined.  Following from this will be an assessment of each of the systems, focusing upon there effectiveness.  Finally, some alternatives will be advocated that depart from the present system.  After assessing all of the evidence available, the conclusion that will be reached is that if society is to curtail the exponential rise in drug abuse, a far more informative system must be implemented, before another generation is lost to drug abuse.

The Drug Conundrum

Drugs have been around in some form or another since 4000BC (Egyptians with wine and marijuana used for medicinal purposes in China).  Although drugs were widely used, it was not until the 19th century that the active substances in drugs were extracted and used as a lifestyle choice.

The addictive nature of drugs was immediately apparent, although there was a gradual recognition of this property with the passing of the first national drug law, the Pure Food and Drug Act of 1906. The destructive nature of alcohol in society led to the prohibition period in America.  Therefore, the drug problem has been around, and more importantly, been acknowledged for some time.

The experimentation period of the 1960’s had a profound effect on society.  The ethos was love, drugs, social ideological rebellion, more drugs, and then more drugs.  The administration was rocked to its very foundations, which culminated in far more draconian police force.  Whether proliferation in state interference was inevitable, a position advocated by Orwell, or whether it was a result of drug taking, one can only surmise. Nevertheless, the position is conclusive, drugs have had a significant effect on society.  How society has chosen to deal with this crisis will now be examined.

The Threat of Prison as a Deterrent for drug Use

For an addict, the threat of prison is about as effective as a chocolate teapot in the desert. It relies on the premise that the addiction is controllable.  Anybody who smokes or drinks coffee on a regular basis should be in a position to bear testament that the addictive nature of these two substances, once removed, can have severe effects on their day to day lives.  So, what about heroin or crack cocaine?

Heroin addiction and crack cocaine addiction are possibly two of the most severe drugs for creating dependency and also tolerance. As higher doses are used, over time, physical dependence and addiction develop. With physical dependence, the body has become used to the presence of the drug and withdrawal symptoms may occur if use is reduced or stopped.

The symptoms that a person going through withdrawal process  are cravings, restlessness, muscle and bone pain, insomnia, diarrhoea and vomiting, cold flashes with goose bumps (“cold turkey”), kicking movements, and other symptoms. Major withdrawal symptoms peak between 48 and 72 hours after the last dose and subside after about a week. Sudden withdrawal by heavily dependent users who are in poor health can prove to be fatal.  Prison cannot be an effective deterrent against such symptoms.

Effectiveness of Probation

Probation is a term that can have a multitude of meanings, and, may be imposed after a prison sentence, although for drug users, this is often too little too late.  The interpretation given in a dictionary is ‘the act of suspending the sentence of a person convicted of a criminal offence and granting that person provisional freedom on the promise of good behaviour’.  This provisional period can entail many things for a convicted drug user, with impositions such as involuntary drug programmes and drug testing.

Involuntary drug programmes can entail taking substitute drugs to wean a person off a specific drug, resulting in a lower dependency and a reduced level of tolerance.  The problems that can emanate form these programs consist of a lack of secondary support for drug users.  This can result in an individual being drawn back into a cyclic situation which ultimately results in that individual taking the very drugs that the substitute drug was supposed replace. Involuntary drug tests emanated from America and involve a person being requested to take a drug test within a specific period of time. If the person tests positive, then the suspended sentence is then imposed, these will often lead to a custodial sentence.

Whilst the two systems do have their own merits, it is possible to adduce from these two alternatives a far from satisfactory conclusion.  Both systems rely heavily on the circumstances that the drug user finds themselves in once the probation period has been imposed.  Those who have funded their habit through criminal activities will often have a criminal record, and thus will be unable to find employment.  They will often still exist in the very same peer groups where the original problems emanated, therefore, there must be a more viable solution to this drug quandary.

A Possible Alternative

The buzz word at this present moment in time is decriminalisation.  Decriminalisation, in its most severe form would involve a complete removal of all criminal sanctions that are currently imposed for drug use.  This would then remove drug users from the criminal process and would focus attention on treatment.  There is staunch opposition to this concept in some quarters as people believe that it would create an environment for experimentation and lead to an exponential rise in drug taking.  Advocates for decriminalisation point to alcohol as an example of a drug that, under correct supervision, can be controlled.

Conclusion

Any problem that involves an addiction will never be able to be tackled by easy solutions.  This article has, however, highlighted to difficulties that society faces if it wishes to address this problem in organised concerted fashion.  There is, however, a realisation that the draconian legislative measures, that have been, as of today, highly ineffective, being replaced with more suitable measures of tackling the drug issue. As a friend once said, ‘education, not incarceration’ is the only viable alternative.

Thomas Gallaggher
Llb John Moores University
LLM Liverpool Univeristy

If anyone is interested in this topic then please visit http://www.criminal-information-agency.com/drugs/ and http://www.criminal-information-agency.com/prison/ and http://www.criminal-information-agency.com/probation/

Article Source: http://EzineArticles.com/?expert=Thomas_Gallagher http://EzineArticles.com/?Drugs:–Prison-Or-Probation&id=88529