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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21402
Experience:  Handle criminal matters in both state and federal courts.
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i have decided to revoke my probation on my 1st offense for

Customer Question

i have decided to revoke my probation on my 1st offense for a maijuhana charge.i was sentenced to 18 months probation.i did probation befor judgement.how much of a jail sentence do you think i will be sentenced to and what are my chances of geting house arrest.i have decided to do this because i had false possitive irine tests. i went and had dna testing to prove the urine test were not correct,they came back negative.but the probation officer still wanted me to go through drug treatment program.when the lab was contacted about the false urine test they could not back their test because they did not do a gc/ms test to confirm.i am on a medication that can cause false urine test for thc.befor my inital court date i had a evaluation done and was found to not need a treatment program.i dont feel the probation officer is being fair with the evidence i had
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Samuel II replied 3 years ago.

Hi

 

Well, unfortunately, the decision to revoke probation is not yours. It is entirely up to you PO. If you have evidence that your meds gave a false positive then, perhaps, the PO will recognize that.

 

If you are revoked, however, a judge may impose the full sentence that was suspended when granting probation. It is the discretion of the judge to decide to give good conduct street time or not.

 

If you go to jail, you will be required to participate in a substance abuse treatment program inside and if you don't then you will not gain good conduct credits to help with an early release.

 

So if the only reason you want to be revoked is because the PO is mandating substance abuse counseling, that seems a bit silly to me

 

If you have further questions, you can post them here and I will continue to assist. Otherwise, please remember to accept as that is how I get credit for my time and information in this matter. Thank you

 

Customer: replied 3 years ago.
THE JUDGE DIDNT SENTENCE ME TO ANYTIME SO THERE WAS NONE SUSPENDED.MY PO DIDNT VIOLATE ME I WROTE TO THE JUDGE TO REQUEST ANOTHER HEARING BECAUSE OF THIS MATTER ALL MY URINE TEST WERE NEGETIVE AFTER I CAME OFF THE MEDS BUT SHE STILL WANTED ME TO GO BECAUSE SHE SAYS I MUST HAVE BEEN USING .I REALLY WAS NOT. THE LAB THAT DID THE DNA TESTING IS GOING TO TESTIFY FOR ME THAT THE TEST I HAD DONE GOES BACK FOR 90 DAYS.WHICH WILL PROVE THAT THE TEST WERE NOT CORRECT AT THE LAB THAT DID THE URINE TEST.I HAVE NO CRIMINAL RECORD AT ALL HOW MUCH TIME DO YOU THINK I COULD BE SENTENCE TO WHEN I GO BACK TO COURT AND AM FOUND GUILTY OF CDS CHARGE.WHAT I AM DOING IS REQUESTIG TO REVOKE MY PROBATION BEFOR JUDGEMENT AND HAVE THE CASE HEARD.IT MAY BE SILLY BUT I CANT BRING MYSELF TO GO TO TREATMENT CLASSES,I FEEL LIKE I WUOLD BE ADMITTING TO SOMETHING I DIDNT DO.DO YOU THINK THE JUDGE WILL TAKE MY EVIDENCE INTO CONSIDERATION OR AM I WASTING MY TIME THANKS FOR YOUR HELP!
Expert:  Samuel II replied 3 years ago.

HI

 

I see. A first offense for possession carries a possible 1 year and/or a $1000 fine. But there can still be treatment and also probation to follow.

 

 

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21402
Experience: Handle criminal matters in both state and federal courts.
Samuel II and other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
DO THEY EVER JUST IMPOSE A FINE OR AM I DEFINITLY LOOKING AT JAIL TIME
Expert:  Samuel II replied 3 years ago.

Hi

 

Well, even with a fine, they can still place you on probation, you see. The PBJ was a gift to allow you to not have a record. If you pay a fine or go to jail, you will have a record and still have probation, over again, from scratch with all the mandates.

 

I understand your reasoning why you do not want to do SAT, but you may consider just going along with the program for now.

 

 

 

 

Customer: replied 3 years ago.
I SEE THANK YOU FOR ALL YOUR HELPFUL INPUT ON THIS.I APPRECIATE IT. HAVE A GOOD EVENING.
Expert:  Samuel II replied 3 years ago.

Hi

 

You're welcome. Thank you and good luck.

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