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shurmust
shurmust, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 150
Experience:  I have completed over thirty jury trials in the last three years and teach part-time at a local state college.
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In Indiana good citizen but had owi probation to be inactive

Resolved Question:

In Indiana good citizen but had owi probation to be inactive soon. unfortunately i think i failed my first urine test. what will happen
Submitted: 2 years ago.
Category: Criminal Law
Expert:  shurmust replied 2 years ago.

shurmust :

I am more than happy to help answer this question for you.

shurmust :

The worst case scenario is the court may issue a no bond warrant for violating the terms of your probation.

shurmust :

You could be held no bond, depending on the judge, and if you hire a local lawyer to represent you, you may be able to post a bond.

shurmust :

However, a violation of probation is entirely different than a cirminal trial. The burden for the government is much lower to prove their case against you than in a jury trial. Therefore, you could possibly face the maximum (although not likely) if you have violated in the past or have an extensive drug or criminal record.

shurmust :

Do you have any prior criminal violations of probation including anything with drugs?

shurmust :

What was the drug you tested positive to?

shurmust :

Best case scenario is your probation is reinstated with no consequences, that seems unlikely because you are probation for a substance related charge and you allegedly picked up a new one by testing positive.

Customer:

No I have a good job well know in the community. I had an owi. Went to a halloween party at the neighbors the night before the test and had 3 mixed drinks.

Customer:

no prior violations. 1st owi ever

shurmust :

Yea. One of the conditions is to NOT drink. That is problematic, regardless of the event.

Customer:

so you think I will go to jail?

shurmust :

I think before a warrant is issued, depending on where you live, you should talk to your first lawyer who helped you and see what if anything he can do to get you to resolve the issue before going to jail. It is often called a "Motion to Surrender."

shurmust :

Usually, you turn yourself in (with the hope that the judge will immediately grant you a bond).

shurmust :

This shows ownership on your end.

shurmust :

This as I have seen in the past has proven to work, but it all depends on the judge. Please allow me two hours to step away. I have a child care issue.

Customer:

i live in indiana

shurmust :

I am not ignoring you, I just want to make sure I better assist you.

Customer:

no problem

shurmust :

I understand you live in Indiana. At the end of the day, what matters is who your judge is. If it is a "tough" judge or a "soft" judge.

shurmust :

Does he/she help people who admit their mistakes?

Customer:

Yes he it a good judge and knows that i have never been in trouble. I am 50 and worked in the community for years

shurmust :

There are all positive things.

shurmust :

Did you have an attorney originally?

shurmust :

What do you do professionally?

shurmust :

Have you gone to a drinking program before?

shurmust :

You may want to immediately enroll into a drinking program, maybe even a residential program to prove to the court that you are willing to accept responsibility and ownership.

Customer:

yes she got me inactive probation due to my status. could i ask for another alcohol test?

shurmust :

This also looks good in the eyes of a prosecutor.

shurmust :

I will answer more later.

shurmust :

Please give me two hours.

Customer:

Yes i have 6 weeks of prime for life

Customer:

OK,

Customer:

I work in a bank as a manager of commercial loans. they use global drug testing. I am sure i had no alcohol in my system but i read that it shows up for 4 days. OMG i cant loose my house and my job......

shurmust :

Who did you have represent you when your pleaded out your case?

shurmust :

Did you have a public defender or did you hire your own attorney?

Customer:

my own attorney

Customer:

do you know the type of test they do in indiana. it was 20 dollars. Is that the 80 hour test or just to see if alcohol was in my urine. If it was the latter, i know it wont show up because of the lapse in time.

Customer:

i could sign up and probably should sign up for a week of inpatient rehab. need to see if my insurance covers it.

Customer:

are you still there?

shurmust :

I am not aware of the test they use in Indiana, but I am aware there are tests that can trace alcohol 30 days.

shurmust :

There are a lot of programs affiliated with the court system.

shurmust :

Did you have an attorney when you pleaded your case? Public or private?

Customer:

i am not sure she owns her own practice

shurmust :

Why don't you give her a call and see what she recommends? She should not charge you for simply asking what you think you should do? And if she does end up charging you, my guess is she will file a "Motion to Surrender" presuming they issue a warrant for your arrest.

shurmust :

Additionally, it would be very wise for you to immediately attempt to do some type of alcohol program. This shows the Court that you are being proactive and taking responsibility.

Customer:

ok, thank you very much for your help. I will be able to sleep better tonight,

shurmust :

Trust me, it does look good in the eyes of the prosecutor and Judge.

shurmust :

Again, these are worst case scenarios.

shurmust :

The best case scenario is nothing happens. To hedge your bet, look into some programs that offer a minimal charge and it is likely you will show you are helping yourself.

Customer:

i understand. I will be praying for good things. Have a nice evening.

shurmust :

If I have been helpful, please provide positive feedback and if you ever need anything in the future, please feel free to ask for Shurmust. Good luck on everything. I am sure you will come out ahead.

shurmust :

Me too.

Customer:

Will do

shurmust, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 150
Experience: I have completed over thirty jury trials in the last three years and teach part-time at a local state college.
shurmust and 3 other Criminal Law Specialists are ready to help you

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shurmust
shurmust
Criminal Lawyer
150 Satisfied Customers
I have completed over thirty jury trials in the last three years and teach part-time at a local state college.