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man off parole in four days with no prior violations was called

 

Customer Question

man off parole in four days with no prior violations was called in for urine test. test was clean but when asked if he'd used he admitted that he had within the past four days. He signed admital thinking honesty the best policy. He was taken into custody for violation of probation. will he be sent to peison? is there a chance for rehab instead of prison. This is his very first drug charge ever.

Submitted: 1074 days and 20 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Expert:  Cedric replied 1074 days and 20 hours ago.

If a term of his parole was that he not use any illegal drugs or substances, and he admitted that he did so, he could be taken in on a parole violation and be sentenced to state prison time. There is definitely the possibility that he will get a drug treatment program instead, but unfortunately it is at the sole discretion of his parole agent and the parole board.

Sorry, wish I had better news for you. In the future, honesty is really not the best policy dealing with any law enforcement agency or personnel, since they will just use that information against the person.

Customer replied 1074 days and 20 hours ago.

His test was clean! what can do to request drug rehab instead of prison? can he challenge his admital as pressure/ confusion and ask the urine to be sent to lab? botXXXXX XXXXXne its a first offence mistamenor ...how much time could he get?

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Expert:  Cedric replied 1074 days and 20 hours ago.

Sorry, your question stated that he was a parolee and not a probationer. He can definitely contest that his admission was confusion and that since his test was clean that he didn't actually use drugs, and can request to have a probationary hearing to determine whether or not what he did violated Probation.


If the offense that he was on was not drug related, then it's likely he could escape probation violation or just receive drug treatment, but it's best to get legal representation through a public defender to represent him and get him the best deal possible.

Customer replied 1074 days and 20 hours ago.

The offense he was on was NOT drug related.this is a first "admitted offense" He is being held at a county jail tonight. Not certain of he will be shipped off to prison tomorrow? what can he do? request meeting with DA or attempt to plead with PO? (last question) thank you!

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Expert:  Cedric replied 1074 days and 20 hours ago.

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