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can a drug user be qualified for probation

2 posters

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hazelriam


Arresto Menor

pwede po ba maqualified for probation kung naging drug user at narehab ng 2 times?pero as of now tapos na yung rehabilitation program nya at ok na cia.d na cia drug user ulit.

attyLLL


moderator

what is the crime he is charged or convicted of?

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hazelriam


Arresto Menor

qualified theft po,Php3400.00 po yung amount na involved.as of now on going pa rin po yung case.thanks..

attyLLL


moderator

yes that is still possible if he will plead guilty or plea bargain.

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hazelriam


Arresto Menor

kahet po naging drug user cia before pwede pa rin cia maqualified for probation?and ano po ba yung plea bargain?

attyLLL


moderator

i would argue that he can. these are the listed restrictions:

Sec. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:

(a) sentenced to serve a maximum term of imprisonment of more than six years;

(b) convicted of any offense against the security of the State;

(c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than Two Hundred Pesos;

(d) who have been once on probation under the provisions of this Decree;

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hazelriam


Arresto Menor

thanks po..

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