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  1. #1
    Join Date
    Dec 2011
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    2

    Default Positive Drug Test on Probation

    My question involves criminal law for the state of: Michigan, 48th district court

    My question is regarding my friend, not myself. When they went in for their first probation test, their officer told them that if they failed it they'd be in violation of probation. They tested positive for THC. When asked about marijuana usage by the probation officer before testing, they admitted to using it. My question is, what can the court do about a violation on the first test? Is it even legal for them to punish for violation on the first test? My friend is heavier than average, which plays into THC retention; can this be used in their defense in court? Any answers will be appreciated

  2. #2
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    Sep 2011
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    Default Re: Positive Drug Test on Probation

    They can be ordered to serve up to the regular sentence. This isn't baseball. You don't get 3 strikes. "I smoked weed, violating my probation, but I was only caught because I am fat", is not covered by any disability acts.

  3. #3
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    Sep 2010
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    9,490

    Default Re: Positive Drug Test on Probation

    Your friend being fat isn't going to be a defense. Frankly, the effects of that are way exaggerated. They are unlikely to punish him for being dirty on the initial, but it will cause him extra scrutiny to assure them that he is getting cleaner (i.e. obeying the terms of the probation).

  4. #4
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    Default Re: Positive Drug Test on Probation

    Is it legal for the court to find that somebody who violated the terms of his probation by using illegal drugs did exactly that? Of course it is. Do you think probation is a baseball game where you can't be called out on your first strike?

  5. #5
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    Sep 2010
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    Default Re: Positive Drug Test on Probation

    The statement is that the marijuana use was before being convicted/placed on probation. This is why we drug test these guys on their initial appearance with the probation officer.

  6. #6
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    Default Re: Positive Drug Test on Probation

    I interpreted it as the first appointment after sentencing, not a presentence test.

  7. #7
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    Sep 2010
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    Default Re: Positive Drug Test on Probation

    Exactly? I don't know how they do things in Michigan, but the first appointment after sentencing is usually pretty close to sentencing and the probation conditions aren't even official given to the probationer until that point. We don't drug test people on their PSI's usually.

  8. #8
    Join Date
    Dec 2011
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    2

    Default Re: Positive Drug Test on Probation

    Failed to mention that, they were tested before sentencing. What's the difference?

  9. #9
    Join Date
    May 2011
    Location
    Illinois
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    1,243

    Default Re: Positive Drug Test on Probation

    We'll test them on a pretiral. Then, we'll do it after conviction. If the levels are relatively high, we can violate for continued use.

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