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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27447
Experience:  Active member of the NYS bar since 1989
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I had a 60 day suspended sentence. At my court ordered drug

Customer Question

I had a 60 day suspended sentence for dui. At my court ordered drug evaluation i tested positive for THC. Will i be sent to jail?
Submitted: 2 years ago.
Category: Legal
Expert:  Zoey, JD replied 2 years ago.


My name is ***** ***** I am an experienced criminal lawyer.

If you have only just begun your probation period and are simply being evaluated, in my experience, this will not cause you to go to jail or jeopardize the terms of your suspended sentence. It should just provide probation with a baseline to help them determine what requirements they will impose on you to keep you from reoffending. Just be honest about when you last used so that they will have a ballpark estimate of when the THC will leave your system, because it can hang around for a long time.

If you've been reporting to probation and testing negative but this time relapsed, that's another story, as this could cause you to be violated and resentence to some jail or cause you to lose the benefit of the suspended sentence. If this is your situation, you need to talk to your lawyer who can represent you if you are violated and make an argument for your continued liberty and -- if necessary to avoid jail -- for an alternative such as more intensive supervision or house arrest.