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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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What happens if I fail a drug test while on probation in New

Resolved Question:

What happens if I fail a drug test while on probation in New Mexico ?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 4 years ago.
Hi and thank you for using JustAnswer!

Was this your first drug test?
Customer: replied 4 years ago.
No this is not my first test. I was tested for 21 months and passed all tests , then I was put on minimum security and was not tested for one year, now, with four months to go on my probation they want to test me tomorrow and I fear that I won't pass because I smoked Pot on and off for the first two weeks of February. since then I have been clean for the last two weeks ... not enough time to be sure of passing my upcoming test . What should I do?
Expert:  JB Umphrey replied 4 years ago.
Thank you.

The probation officer has the discretion to do nothing.

The probation officer has the discretion to violate you. If you are violated, the judge has the discretion to penalize you (e.g., fine you, extend your probation, order community service, etc.). The judge also has the discretion to revoke your probation and order jail.

If you fail to report for the drug test, that is also a probation violation and you risk the same consequences. A no show is treated as a positive.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied.
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