How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Zoey, JD Your Own Question
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23589
Experience:  Active member of the NYS bar since 1989
18321761
Type Your Legal Question Here...
Zoey, JD is online now
A new question is answered every 9 seconds

I had a 60 day suspended sentence. At my court ordered drug

Customer Question

I had a 60 day suspended sentence for dui. At my court ordered drug evaluation i tested positive for THC. Will i be sent to jail?
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.

Hello,

My name is ***** ***** I am an experienced criminal lawyer.

If you have only just begun your probation period and are simply being evaluated, in my experience, this will not cause you to go to jail or jeopardize the terms of your suspended sentence. It should just provide probation with a baseline to help them determine what requirements they will impose on you to keep you from reoffending. Just be honest about when you last used so that they will have a ballpark estimate of when the THC will leave your system, because it can hang around for a long time.

If you've been reporting to probation and testing negative but this time relapsed, that's another story, as this could cause you to be violated and resentence to some jail or cause you to lose the benefit of the suspended sentence. If this is your situation, you need to talk to your lawyer who can represent you if you are violated and make an argument for your continued liberty and -- if necessary to avoid jail -- for an alternative such as more intensive supervision or house arrest.