I live in Cook county, IL. I am currently on Felony probabtion in mchenry county, IL for unlawful possesion of a controlled substance(cocaine) and unlawful possesion of paraphinalia. I have been completed all 20 hrs of required drug and alcohol treatment and am finsihing up the required community service 30 hrs. Last month I went to my probation meeting and they did a drug test. Today a month later when I went back for my probation meeting she informed me that I failed the drug test last month and that they would be testing me every month from now on. If I failed they would have to send my case back to the McHenry circuit court where I was orignially tried. I am pretty sure I failed the drug test today. What do I do? Am I going to go to jail or just have a court date set? What do I do?
Country relating to Question: United States
State (if USA): Illinois
You very well could go to jail if they move to revoke your probation. Here's what I would do. You need to be proactive. Obviously, quit using so that you do not fail any more drug tests, but you also need to get yourself in a drug treatment program preferably an inpatient program and let your probation officer know the details.There are no guarantees, but more than anything else showing that you are taking steps to address your drug problem gives you the best chance of avoiding jail.
Should I hire a criminal defense lawyer or will a public defender be able to help me with this situation? I can not afford the same lawyer I orginally used and they didnt seem to help me with my original case very much. I am physically handicapped and need to keep my job and my health insurance. If there is anything else that you think i can do to stay out of jail please help me.
If positive drug tests are your only violations, that is what you need to address and be proactive about it. By being proactive it's possible you might head off an attempt to revoke your probation and the need for an attorney.If they still do try to revoke your probation, a public defender is fine assuming you qualify. (You must be indigent to qualify for one.) Whatever attorney you have, public defender or hired counsel, you will have given them a lot to work with by proactively getting into treatment. Of course, there cannot be any more positive drug tests.Good luck to you.
Experienced Criminal Trial Attorney since 1998.
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