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Good afternoon.Was she on probation?
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
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.
Our site does not provide legal representation. I am happy to answer your questions but we can not represent her
I am sorry but something is confusing. If she is not on probation, then why was she tested?
I am here. Please allow me a moment to respond.
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.
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
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
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