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LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 37854
Experience:  30 years legal experience
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I got caught using a tampering device probation urine

Customer Question

I got caught using a tampering device for my probation urine test what can I say in court?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. What are you trying to accomplish?
2. What are you on probation for? Do you have a deferred sentence or was probation in lieu of jail time?
3. Have you been arrested for the device?
Customer: replied 2 years ago.
Im just trying to get a second chance and not end up in drug court and stuff. I made a mistake and i know its my fault. I also doing substance abuse classes too. Im on a defered sentence for theft of copper in which i did the favor of turning in stolen copper with my id so thats how i got charged and its the only thing on my record too. And no i havent gotten arrested for the device just papers from my probation officer with a court date
Expert:  LawTalk replied 2 years ago.
Not end up in drug court? Are you saying that you haven't been in the drug court program yet? Alright, you have a deferred sentence. Was the theft of copper charged as a felony? Did you start the substance abuse classes before or after getting caught with the tampering device, and if before, were the classes a requirement of your deferred sentence? Doug
Customer: replied 2 years ago.
No i havent been to drug court and yes it was a class c felony and i started substance abuse after i got caught
Expert:  LawTalk replied 2 years ago.
Good morning,
Thanks for the additional information.
Well, I will presume that drugs must have come up at some point because you are getting drug screened as part of your probation.
Hawaii is pretty strict when it comes to violation of the terms of deferred sentences and probation, and with a deferred sentence when you violate the terms of the probation---in this instance by a presumptive failing of the test based on the use of a device to circumvent the test---as a rule the deferred sentence and probation is either revoked or---if you are lucky, just extended.
It is possible that the judge will find you unsuitable for the deferral program and just sentence you for the C Felony based on this violation, and I would strongly encourage you to get a local criminal defense attorney to help you before this upcoming hearing. Drug court may be the only thing that keeps you from going to jail---unless your attorney can work a deal with the prosecutor to simply extend your probationary period on the deferred sentence.
As regards ***** ***** question---what you can say in court----there really isn't much that you can say that probably won't dig you a deeper hole here. People who are using don't bother to try to cheat on a pee test, and I am sure that illegal drug use is a solid violation of your deferred sentence conditions---despite the fact that they may not have actual proof of drug use if you didn't complete the test.
A local defense attorney is your best chance to stay both out of drug court and out of jail. Speak with one this week so you can get the best deal possible. I wish you success.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,