Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for using Just Answer. I look forward to helping you today.I do need a little more information first, please. Do you know if the drug testing was part of a conditional release agreement?Was this a first offense for possession?
Thank you for your reply. The reason I asked if this was a first offense is because first offenders are sometimes offered pre-trial intervention (diversion) where if they complete the program terms --which includes random drug testing --the charge is then dismissed.It's hard to exactly say what will happen, because I imagine there must be some paperwork that you or your lawyer was given that says what would happen if you didn't successfully complete the drug tests. A subsequent offense for marijuana in South Carolina is punishable by up to a year in jail and/or a fine up to $2,000. My professional opinion is that since you failed the last test, the court will now impose the original sanction(s) --the fine, plus any other terms/conditions that they wanted to impose. Since this is left in the judge's discretion, it's also possible that since they cut you a break with the drug tests instead of paying the fine, that the court can increase the amount of the fine they were initially going to impose.
Sorry for the delay - I had to step out for a short time.When you say serve 30 days, was that in court documents? That failure to complete the program terms successfully would result in a 30 day sentence? If so, then yes, that is exactly what the court will impose. Your lawyer can go to bat for you, argue that you should be given another opportunity, sometimes judges will agree, but just make the terms more stringent (e.g., more frequent drug tests, longer probation terms, more community service, etc).
They may let you pay in installments though, especially if your lawyer makes that request. I can't speak for South Carolina, because I practice in Florida, but judges here usually have no problem letting a defendant split a fine into a few payments.
I'm at a bit of a disadvantage not knowing what the judge said to you in court or what your paperwork says. Normally the paperwork in the sentence would spell out the terms and what the sanctions would be for failure to complete those terms, and/or a judge would say to you "You have to pass these three tests, and if you don't, the court will impose a penalty of __________."It's not clear to me if the court originally said pay the fine or do 30 days OR submit yourself to random drug tests. If it's an "or" situation, then the court should still give you that option when you go to court -to pay the fine or do the 30 days. If instead you were told the failure to pass the drug tests was an automatic 30 days, that's almost certainly what the judge will do. Like I said, sometimes the judges will hear argument from a defense lawyer and agree not to impose the sentence, especially since you passed 2 of the 3 and instead just impose stricter terms and give you one last chance. But it's entirely within a judge's discretion. Ultimately, no one can tell you with certainty what is going to happen because the judge has final say.