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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23518
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I'm on misdemeanor probation since may 25, out of county

Customer Question

I'm on misdemeanor probation since may 25, out of county probation also first drug test and I think I failed please what's my outcome
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Florida and possession of marijuana answer use of drug paraphernalia 2 counts
JA: Have you talked to a lawyer yet?
Customer: To get this probation yeah, but I took my test today
JA: Anything else you think the lawyer should know?
Customer: I failed should I call my p.o. asap before he gets the results
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 5 months ago.

This is a technical violation, and probation understands that sometimes people who use drug relapse. Probation also knows that you are brand new to the program and that marijuana can last in your system a long time. You can call your PO and tell him that you probably will fail the test. In my experience, while probation won't be thrilled about the positive, this first time your PO will probably cut you a little slack.

Probation has a whole arsenal of possible sanctions available to them, ranging from a wrist slap (more intensive supervision, more reporting requirements) on the one extreme to house arrest or revoking probation outright on the other.

What they will do in a particular case will depend on many factors, such as a defendant's background and history and the facts and circumstances of the underlying case, how well he's been getting along with your probation officer, whether he's been in good over all compliance with the terms of his probation before the violation or whether he's given them trouble before. You get the picture.

It will all come down to whether probation thinks that working with you will ultimately turn you into a successful probationer and a productive citizen or whether they think you never will get the message and will want to wash their hands of you.

In my experience, they will likely just increase your reporting and your testing schedule. You haven't had much of a chance to get the benefit of probation. But if they do decide to violate you, you will be entitled to a hearing on the violation.

You should have a lawyer at that hearing so that in the unlikely event that probation and the DA are asking for you to be resentenced to jail, someone can make a good argument for drug treatment or house arrest.

Expert:  Zoey_ JD replied 5 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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