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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 35297
Experience:  16 years practicing criminal defense.
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My son was convicted of a felony drug charge in California.

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My son was convicted of a felony drug charge in California. He is on probation with the DEJ/PC100 program. He has been ordered to report to a local intervention institute within 7 days. If he tests positive for THC, will he have violated the terms of his probation? If he fails this first drug test, will that terminate his participation in the program?

Hello,

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Thank you for using JA. Part of the terms of any probation is that the defendant is prohibited from using any type of controlled substance without a valid prescription. So if he drops dirty for marijuana, this would definitely be a violation of the terms of his probation. It would also likely result in him being dropped from the program as well as facing a probation violation for the dirty drop which could result in his probation being revoked.

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Thanks.

Barrister

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Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

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If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button and I will be happy to continue.

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I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

 

Customer: replied 4 years ago.

Does this mean that if he shows up and the center tests him and he tests positive, that he goes to jail for three years? This is his first contact with the intervention center since his court hearing.

Not necessarily. If he tests positive, then the probation officer will then file a probation violation against him. He would then have to appear in front of the judge on the PV and plead his case. It would then be up to the judge as to whether he gave him a second chance or whether he revoked and sent him back to jail. But in my experience, on a first probation violation, the judge will give him a good chewing out, tell him that if he comes in front of the judge again, he will be revoked, and then return him to probation. But any subsequent violations will almost certainly result in him being revoked and sent back to jail.
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Thanks.

Barrister

.

Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button and I will be happy to continue.

.

I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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