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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
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Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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my son was arrested for poss of pot and put on probation he

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my son was arrested for poss of pot and put on probation he admits he was a heavy smoker for 2 years. I read that it sometimes takes 4-6 weeks for thc to get out of your system. he has quit smoking since his arrest but home tests still show positive. his probation appointment is in 2 days and it has not been 30 days since his arrest so this is not enough time to clean out his system. what are is legal rights or how long do they give you to test negative with a urine test. he is worried that he will go to jail if he doesnt pass it in 2 days.. I told him he quit and is doing everything right they should give him more time to pass a urine test
Hello. My name isXXXXX am a Florida licensed attorney and I will be glad to help you.

Generally, marijuana can be detected through the urine test for up to 13 days, however if your son was extremely heavy smoker prior to being put on probation, it might show up in his urine even up to 45 days and in extreme cases up to 90 days.

If the test shows positive, it is possible that he we be retested in another 30 days and if it still shows positive, then your son might be subject to further sanctions.
Customer: replied 4 years ago.
so if he test positive in 2 days he will not go to jail but he will have to get retested in 30 days?
Thank you for your follow up.

Your son's probation officer had a discretion whether to violate your son's probation or not, but even if your son's probation is violated, the judge is likely will allow for your son to be tested again within 30 days before sending him to jail.
Customer: replied 4 years ago.
sorry I keep going on but I find the system unfair if he has quit smoking and tests positive and they have the ability to put him in jail...does he have up to 3 months to submit a urine test? I have been hearing different versions of probation laws....i promise this is the last question :)
Thank you for your follow up.

Unfortunately, people who are placed on probation for a criminal conviction are one step away from being send to jail and do not have many rights, which I know doesn't sound fair.

So the answer really rest on the discretion of the probation officer that your son has and also the judge.

Keep in mind that most people would test negative after at most 10-13 days and it is only extremely heavy used of marijuana who might need 30 days or longer to get it out of their system, so unfortunately the situation will depend on the PO's discretion and the decision of the judge and it would help your son to have an experienced local criminal attorney on his side if his probation does get violated for testing positive for marijuana.
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