Will mmy probation officer violate me for failing a drug screen at my orientation?
3 attorney answers
You certainly could be tested. If the substance used is illegal and in violation of the terms of your probation, your probation officer could choose to seek charges for violation of probation. You're right to be concerned, but stay calm until you have something to worry about. Even if you are violated, there will be a proceeding where you can mount a defense. It's not automatic, as was mentioned. You should discuss this with your attorney as soon as possible.
Any information provided does not, and is not intended to, constitute legal advice; instead, all information, content, and materials provided are for general informational purposes only.
First of all, it is a TERRIBLE idea to keep using drugs while you are on probation. The reality is that the probation officer has some discretion; a violation is not automatic, but it is not a good start. You should talk with your attorney about how to handle this situation. If you do not have an attorney, or you do not want to go back to the attorney who represented you on the original charge (or the first violation, for that matter), now would be an excellent time for you to at least consult with a criminal defense attorney who practices in the jurisdiction where the offense occurred.
The answer provided is for general purposes only, and in no way establishes an attorney-client relationship.
You are supposed to remain drug free and alcohol free all through your probation even on your orientation day and your first day of entry into the probation. Drug and alcohol testing shall be conducted by personnel of the supervising probation agency or personnel of any program or agency approved by the supervising probation agency.
Will you go to jail for violating the probation conditions? You need to wait and see. If you are terrified, then hire a criminal defense lawyer to bond you out.
As a condition of probation, the court shall require the accused to remain drug and alcohol free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused is drug and alcohol free.
Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided.
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