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My son was convicted of loitering for drug activitiy,

Customer Question
My son was convicted...

My son was convicted of loitering for drug activitiy, marijuana. He struggled but he ald9 kept testing positive for cocaine. The results were very low. .1ooon .2ooo. I believe it was a false positive due to something he ingested right before submitting urine for testing. He pled guilty to the first time it happened, the low. 1000. He assumed his friend laced the joint. Since he has stopped smoking m3the cocaine results is baffling. He adim

Lawyer's Assistant: What was the conviction for exactly? Have all appeals been exhausted?

He swears to many people he is innocent n does not intentionally use cocaine. He plead guilty to another drug felony but he said I ingested cocaine n don't know how. The judge said based on his plea we go to trial. I'm saying great. he is innocent don't want him to plead guilty. But the state changed it to a misdemeanor n my son pled no contest. His Po said he is a danger to himself n want to send him to inpatient drug rehab. I requested a hair test thru his public.defender to which she didn't tell the court. I believe that can't be right. My son said outright he has no drug problem. The state had a chance to prove out right he did cocaine over n over knowing he is drug tested 2x per week plus random testing. I refused to sign in patient permission papers. I want to

Lawyer's Assistant: In what state did the loitering occur?

He is an Africa American 16 yrs old well spoken n very intelligent but like most kids they make bad choices. He is respectful J I always get compliments on his manners from neighbors. I feel l8ie the system is lazy n just want to tuck my boy away like he is bad. He kept saying no why didn't they administrater a blood or hair test to prove my son is a liar or prove his innocence can they detain him at inpatient on a misdemeanor no contest plea n I want the cocaine expunged from his record released from Juvey lockup taken off one year probation since they didn't prove anything. Not sure but the readings r too low for regular drug use n his number Ls went up while locked up. Strange. Sorry my messages is in three sections

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No appeals at all. He has drug court to determine his future home or inpatient

Submitted: 4 months ago.Category: Criminal Law
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Answered in 5 hours by:
3/20/2018
Criminal Lawyer: Jonathan Holson, Criminal Defense Lawyer replied 4 months ago
Jonathan Holson
Jonathan Holson, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 117
Experience: Associate at Martin and Wagner, P.A.
Verified

M'am I realize that i don't know your son from Adam, but I have represented individuals with drug issues my entire career.It is no unusual at all that they would deny use when they are actually using controlled substances. I have heard some of the most ridiculous excuses about why they might have tested positive. A urine test that is sent in confirmation is an accurate drug test. Even if the levels are low, that doesn't mean that he is using cocaine recreationally. He is young enough to deal with this issue before it becomes worse. He needs to do that because the price of poker goes way up once he becomes an adult. He should be honest with the person doing the chemical dependency assessment so he can get whatever help he might need.

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Customer reply replied 4 months ago
Thank you buying son is not using cocaine. He has denied this for months to me, grandmother probation, his attorney and a Reverend who runs a program that includes "integrity " classes. He is willing to help him prove his innocence and getting the charges expunged. My son is willing to have a hair test which will show without a doubt any drugs done in the past 90 days. After being detained he was tested n his so called cocaine reading was higher. Explain That. It is highly possible that a false positive result can happen for Thc Meth pregnancy cocaine. Urine is the least accurate of all the methods. But my question is he pled no contest after the state didn't want to go to trial on the felony charge and dropped it to a misdemeanor. Do they have a good legal standing to commit him to inpatient drug rehab? He has stressed with all conviction that he has no drug problem. The state had an opportunity to prove 100% his cocaine use in trial but didn't. If the state was sure why didn't the judge admit him to inpatient then? He forwarded it to drug court. I could see that he was not sure about what to do. Drug court is really harsh n not a fair setting to determine his futureI'm not a blind parent n think not my son. We discuss everything. We have a very open relationship. I believe him. Court is tomorrow at 1:30. Thank you
Customer reply replied 4 months ago
Please note his initial drug problem was marijuana. He stopped using on his own. A great accomplishment. Why would he start using cocaine to jeopardize his freedom. That is stupid. He is respectful highly intelligent kid. I'm permanently disabled and he knows I need him home. His goal is to contribute financially to the home since I'm on a fixed income. Complete high school early and be here for more than in the past when his behavior was reckless
Criminal Lawyer: Jonathan Holson, Criminal Defense Lawyer replied 4 months ago
Trial isn’t about addiction or treatment. It’s about the offense your son is charged with. Drug Court is based on two things: a chemical dependency assessment and a determination of your son’s risk. Drug court is for high risk/high needs individuals.Most drug tests are urine. Not blood or hair follicle. Maybe this is overblown. Perhaps the doesn’t have a problem. The good thing is that drug courts don’t admit folks for the hell of it. They bring folks in who need the help.
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Customer reply replied 4 months ago
Thank you that does help me to express my concerns to drug court. Be blessed
Criminal Lawyer: Jonathan Holson, Criminal Defense Lawyer replied 4 months ago
You’re welcome. Hope it was helpful. If so please give a positive rating. Good luck!!
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