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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27742
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My girlfriend was put on drug court in nj and took drug

Customer Question

Hello, My girlfriend was put on drug court in nj and took drug court.
so far they have used the drug sweat patch twice and both times she came up dirty for meth. She also is in a IOP program and is drug tested weekly and passes. The result from the patch are deffinitly false positive. after her second failed patch she got locked up again and has been locked up for 4 weeks now. her alternative to drug court was a 3 flat. She is wrongly locked up and has over 90 days clean. in order for her to get out of jail they want her to do a 4 month impatient rehab. She is considering taking her 3 flat and not having to worry about upcoming false posiivies from a drug patch. What are her options?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
Drug Court is great for those who want to help themselves and get a clean start, but it is a very difficult road. Positive tests involve phase setbacks for the defendant and will extend the time in drug court, aince it costs her some or all of her clean time.
Drug Court is a contract court. A participant agrees to give up virtually all of his rights and be bound to the dictates of the drug court judge. If the defendant succeeds in the program she comes out without a drug conviction and has the means and opportunity to live a productive life as a drug-free, productive citizen. If they fail, they have agreed up front to the prison term they will have to do.
So your girlfriend has two options: to do what the judge is ssking of her or to take the jail alternative. The latter will, of course, give her a criminal conviction.
Frankly, 3 years is a long time to want to do if she's convinced that the patch is giving false positives. It's like throwing out the baby with the bath water, to use an old expression. There are less destructive possibilities.
Your girlfriend should have a lawyer who got her the Drug Court plea, and there also should be a Drug Court lawyer who oversees the program and an entire treatment team working to support her efforts in Drug Court. She needs to convince them that the patch is giving false readings, and should there be next time this situation arises, to ask to be tested on the spot some other way to show this is not her fault.