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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27482
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am .a 48 year old female.I am currently on probation degree burglary . It ha

Customer Question

Hi I am .a 48 year old female.I am currently on probation for 3rd degree burglary . It has been nearly two years. My probation officer and I have good rapport... when I was first put on probation I drug tested each month. I didn't really quite understand why this was since this was not a drug related offense. for the past year and a half he has not tested me until this past month. he was discussing ending my probation since two years have gone by but said that he would need some clean UA for the court.immediately I knew that I was not going to pass away and told him. any other time would not have been a problem that due to the second anniversary of My 18 year old son's tragic death have been very stressed and, right or wrong, I used meth.
I am disappointed wroth myself and fearful of what my po may do. my mental state right now is not good for obvious reasons. 8 years ago I did get in trouble for prescription medication Fraud but I have never been in trouble for methamphetamine . I
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.

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

This is a technical violation. That is, you did nothing illegal and didn't get yourself arrested on a new charge. You used drugs, but you owned up to it before the test results came back.

Probation can be very hard to second guess. They can recommend many things when you come before the judge on the violation. They have a whole arsenal of sanctions that they can use to address your positive drug test. These range from an increase in your reporting times and more frequent testing on the one end to house arrest or revocation and resentencing at the other extreme.

What probation will do in any one case will depend upon a number of factors. They will look at the facts and circumstances of your underlying case, how well you get along with your probation officer, your personal and criminal history, your over all record on probation and any other special mitigating or aggravating factors, such as the stress of the anniversary of your son's tragic death. In the end it will all come down to whether probation wants to wash their hands of you entirely and revoke probation altogether or whether they think there is any point to trying to work with you further.

If probation wants to terminate probation altogether, probation will make a recommendation to the judge about how much time they want you to do. Although the judge generally gives probation's opinion a great deal of deference, because probation has worked with a defendant far more closely than a judge, the judge is not bound by probation's decision. If probation is revoked, the judge has the power to resentence the defendant to any appropriate jail alternative defined by the state's sentencing law for the crime he originally pled to, up to the maximum the law allows. But they also have the power to restore the defendant to probation even over probation's objection.

So don't panic over the worst case scenario, because there's plenty for room for other things to happen if this was the first time you've ever been in trouble on probation. You'll be entitled to a hearing once you're violated, so you'll want to contact your lawyer so that you have representation. With a lawyer in your corner, if probation and the prosecutor do ask for your probation to be revoked, you'll have someone who can make a case for something less intensive, such as house arrest.