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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27133
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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An acquaintance of mine is on unsupervised probation and he

Customer Question

An acquaintance of mine is on unsupervised probation and he made a choice to smoke marijuana. He's a recovering addict and is also bipolar. He's had zero positive screens since he's been on probation and has zero drug charges. Any idea if the consequences?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 11 months ago.

In what US state did this happen? Was he arrested for his marijuana use? Or did he just has positive? How long has he been on unsupervised probation?

Customer: replied 11 months ago.
Massachusetts. Never arrested for drug use. He sees his PO tomorrow and will most likely be tested. He's been on unsupervised for close to a year.
Expert:  Zoey_ JD replied 11 months ago.

What your friend has going for him is that he was not arrested for a new crime, but Probation is not going to be happy when they see the marijuana positive. They will be compelled to violate him for his drug use.

If part of your acquaintance's deal was that his case would be dismissed at the conclusion of his probation deal, that's out the window now and he'll start from square one. What typically happens would be that he will find himself on supervised probation from here, with a tight reporting schedule and random drug testing.

It's hard to second-guess probation, however. They have a lot of different ways to hold a person accountable for violating any of the terms of their agreement. But it will all come down to whether probation is still willing to work with him or whether they feel there's no point in it. If the latter, they will ask the judge to resentence him to jail.

He'll have a hearing on the violation, and the judge can overrule probation. So it would be good for your friend to get his lawyer involved now so that in the unlikely event that probation does ask for your friend to be revoked and to be resentenced to jail time, his lawyer can argue for supervised probation or for house arrest to keep him at liberty.

Expert:  Zoey_ JD replied 11 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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