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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26464
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If I'm on probation and I'm suppose to call and check-in the

Customer Question

If I'm on probation and I'm suppose to call and check-in the first and the third week and they call me to request that I go in and take a UA and I'm not at home can they put a warrant out for my arrest. I'm not required to be at home.
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: WA state. It was issued a few weeks ago. Also, I was booked into jail and I had money in my purse. The police took me from the court and another police or guard brought my purse in from the courtroom. I said I have money in my purse and I want to count it before you take it and they said no. Is that fair.
JA: Have you talked to a lawyer yet?
Customer: I also had medication in my purse. Suboxone for opiate treatment and low blood pressure medicine for anxiety. They kept me in a holding cell for 10 hours. I told them three times in that 10 hours I needed my medication. They wouldn't give it to me but when I was released I said I need my medications back they said you will abuse them so we are keeping lthem and I didn't get them back?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just one more thing. When I was in the holding cell after about 10 hours I looked into the camera and said I needed to see a doctor. I said it 4 times but no one ever came to even check on me.
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey_ JD replied 7 months ago.

Probation has the ability to call probationers in for random testing. If you do not show for the test, the missed test can be taken as a positive and then probation would lodge a violation. This appears to be what happened to you.

You would be entitled to a hearing on the violation, and if there was a legitimate reason you didn't get or respond to your PO's message, you could win the hearing and not face sanctions.

What happened to you because you didn't take your medication? Did you go to the doctor after you got out of jail and was there a specific problem that he found which was a direct result of the police refusal to let you have your meds? What would a lawyer see on the video if he obtained it, other than you saying you needed to see a doctor? You may have a civil rights suit against the police if the evidence is strong enough.

Expert:  Zoey_ JD replied 7 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.