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Ask CrimDefense Your Own Question
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27995
Experience:  10+ years defending Misdemeanor and Felony cases.
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My random drug test for probation came up positive for opiates.

Customer Question

My random drug test for probation came up positive for opiates. I had not taken any drugs, but realized afterwards that I had eaten a poppy seed muffin the morning of the test. What is my best course of action?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 7 years ago.

You can speak with your PO and see if they will retest you and believe your story. If not, you are going to have to fight this, if you are violated. You would then have to convince the Judge, that you did not willfully or substantially violate your probate and the failed test was a result of the muffin. You will likely need to present some type of evidence, that will prove the amount of seeds in the muffin, would result in a failed test.

Customer: replied 7 years ago.
What kind of evidence would prove this? They were store bought muffins. All I have is the wrapper and a roommate who bought the muffins. Is there any way to retest the elleged positive sample? Can I request an attorney for a violation hearing?
Expert:  CrimDefense replied 7 years ago.
Evidence would be some type of documentation that the amount of poppy seeds in the muffin you ate, would result in the presence of opiates, in the sample. An attorney would be appointed to you, if you are violated and have to have a violation of probation hearing.
Customer: replied 7 years ago.
How would I get this type of documentation for a muffin that I have already eaten? In other words, how would I go about getting this proper documentation? Or is it too late?
Expert:  CrimDefense replied 7 years ago.

I am not talking about the muffin. You will need to do research and be able to show your PO and/or the Judge, that if you eat a muffin with poppy seeds, that it will result in the presence of opiates. There needs to be actual proof of this, not something that a friend told you or you saw on tv.

Expert:  CrimDefense replied 7 years ago.
Any other questions?