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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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My daughter was in my car a male friend was speeding they

Customer Question

My daughter was in my car a male friend was speeding they found a little pot in a bag in ft pierce fl. Case. Was sent to broward county. She came out with small amount of cane the judge told her if it happens Again she gets 48 hrs in jail. On 7/23 she came out negative and on 8/06 came out for the first time dirty for pot. Please what's your advice
Submitted: 4 months ago.
Category: Legal
Expert:  LegalKnowledge replied 4 months ago.

Good afternoon.Was she on probation?

Customer: replied 4 months ago.
No
Customer: replied 4 months ago.
Pta promise to appear
Expert:  LegalKnowledge replied 4 months ago.

Thank you. I am still a little confused. I ask because if she was ordered to submit to a drug test and there were issues with the Judge, it would appear she was on probation or under court supervision. I say this because a promise to appear/ written citation, would not amount in the Judge ordering your daughter to be drug tested. I am hoping you can clarify

Customer: replied 4 months ago.
Please help. I'm disabled and she helps me with chores. Also full time student and full time employee
Expert:  LegalKnowledge replied 4 months ago.

I understand. Based upon what you shared above, it would appear she is on probation or involved in some type of court or state supervision. I say this because she would only be drug tested in those situation. Simply being in the car and being caught with marijuana, would not trigger this or require her to be tested. There would need to be another open case she has or being supervised by the State. However, if she tested positive for marijuana and the Judge advised her she can not test dirty, then the Judge may impose her with a 48 hour sentence and put her in treatment program. She can fight this and explain to the Judge that she cares for you and is in school and works but if the Judge determines she has a drug problem and needs help, they will impose the suspended sentence. If it is for 48 hours, she can ask that it be served on the weekend, so it does not effect school or work.

Customer: replied 4 months ago.
Additional to the other 40
Customer: replied 4 months ago.
Money not an issue at all just asking how much for one of you to go. Also a ft pierce I told the free legal supplied we wanted not quilty we wanted no contest but the Aid took it upon herself and said guilty
Customer: replied 4 months ago.
I'm waiting on her reply she's at work
Expert:  LegalKnowledge replied 4 months ago.

Our site does not provide legal representation. I am happy to answer your questions but we can not represent her

Customer: replied 4 months ago.
Only if it does not mean another 50 plus dollars or are you taking what I've oaid
Customer: replied 4 months ago.
Paid allrady
Customer: replied 4 months ago.
She just text me pta no probation
Expert:  LegalKnowledge replied 4 months ago.

I am sorry but something is confusing. If she is not on probation, then why was she tested?

Customer: replied 4 months ago.
Drug program which I've gone with her everytime Counseling 65 dollars to talk about clothes nails hair makeup. No counseling 65 a pop the 25 for testing
Customer: replied 4 months ago.
She said no bond no probation only the drug program which it offers no help nor counseling
Customer: replied 4 months ago.
Hello
Expert:  LegalKnowledge replied 4 months ago.

I am here. Please allow me a moment to respond.

Customer: replied 4 months ago.
Ok
Expert:  LegalKnowledge replied 4 months ago.

The drug program is what I inquired about above. If she is in the program, picked up a new charge for possession and tested positive, then the Judge is going to do one of two things. The first, is going to be to impose jail or in custody treatment, since staying clean is a condition to being in drug court and getting the case dismissed. The second, may be to kick her out of the program and she would have to answer to the original charge which she is in the program for and the new one.

Customer: replied 4 months ago.
she's going to jail? No no
Expert:  LegalKnowledge replied 4 months ago.

If the Judge handling the drug court said if she tests positive again she will get 48 hours, then the Judge can impose the sentence. She can present mitigating factors as to why but the purpose of the drug court is to treat the user and get them help and the Judge may feel this will do it

Customer: replied 4 months ago.
My daughter will not go to jail. No way no how. I will take it public with video of judge purchasing herself
Customer: replied 4 months ago.
Get news there I will give up 7 judges
Expert:  LegalKnowledge replied 4 months ago.

I know you are upset and scared. I can only share with you what may happen, as a result of what you shared about the Judge

Customer: replied 4 months ago.
Ty I see it so unfair. My ty
Expert:  LegalKnowledge replied 4 months ago.

I understand it can be hard and unfair but when a defendant is involved in drug court, the Judge will often do this, if they are using