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Cedric, Attorney
Category: Legal
Satisfied Customers: 2899
Experience:  Lawyer with several years of litigation experience in civil and criminal law.
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man off parole in four days with no prior violations was called

Customer Question

man off parole in four days with no prior violations was called in for urine test. test was clean but when asked if he'd used he admitted that he had within the past four days. He signed admital thinking honesty the best policy. He was taken into custody for violation of probation. will he be sent to peison? is there a chance for rehab instead of prison. This is his very first drug charge ever.
Submitted: 7 years ago.
Category: Legal
Expert:  Cedric replied 7 years ago.
If a term of his parole was that he not use any illegal drugs or substances, and he admitted that he did so, he could be taken in on a parole violation and be sentenced to state prison time. There is definitely the possibility that he will get a drug treatment program instead, but unfortunately it is at the sole discretion of his parole agent and the parole board.

Sorry, wish I had better news for you. In the future, honesty is really not the best policy dealing with any law enforcement agency or personnel, since they will just use that information against the person.
Customer: replied 7 years ago.
His test was clean! what can do to request drug rehab instead of prison? can he challenge his admital as pressure/ confusion and ask the urine to be sent to lab? botXXXXX XXXXXne its a first offence mistamenor much time could he get?
Expert:  Cedric replied 7 years ago.
Sorry, your question stated that he was a parolee and not a probationer. He can definitely contest that his admission was confusion and that since his test was clean that he didn't actually use drugs, and can request to have a probationary hearing to determine whether or not what he did violated probation.

If the offense that he was on was not drug related, then it's likely he could escape probation violation or just receive drug treatment, but it's best to get legal representation through a public defender to represent him and get him the best deal possible.
Customer: replied 7 years ago.
The offense he was on was NOT drug related.this is a first "admitted offense" He is being held at a county jail tonight. Not certain of he will be shipped off to prison tomorrow? what can he do? request meeting with DA or attempt to plead with PO? (last question) thank you!
Expert:  Cedric replied 7 years ago.
Best idea wold be to try to plead with the PO, unfortunately even the DA (who normally wouldn't be of any assistance anyway), can't help him out at this point. I certainly hope he isn't shipped off to jail tomorrow, and I'm sorry to hear about the situation, it seems like yet another example of how unjust our 'justice' system really is.