Could get a probation violation
I was charged with marijuana possession in Virginia and given pre-conviction probation which consists of monthly drug tests. I also enrolled in an ASAP class but haven't started yet. I had one test so far and passed, but I screwed up and smoked some last week, and I'm sure I'm going to test dirty (my next test is this Thursday). I have the option of admitting that I smoked before the test; this is supposed to be the same thing as a positive test. If I were to admit I smoked, what would I be looking at in terms of a probation violation? (It would be my first positive test).
I'm an out-of-state college student and I would hate to have to deal with jail time or rehab--the drug class is already going to be a major inconvenience. I don't have any money to drop for lawyers, court fees, or rehab fees, and if my parents find out that's it for my college career. Will being honest with my PO help?
Re: Could get a probation violation
"I'm an out-of-state college student and I would hate to have to deal with jail time or rehab--the drug class is already going to be a major inconvenience."
Really? That's not what your post said: "...I screwed up and smoked some last week...."
In any event, probation is obviously not going to work for you so you should expect the hammer to fall....
Re: Could get a probation violation
By giving you the opportunity to admit use they (a) obtain some confessions to use which might not show up in the test, and (b) give you the opportunity to "fess up" before a test demonstrates a probation violation - that's what they call a "double-edged sword". If you're going to be caught in a lie, telling the truth to your probation officer is the better approach.
Some probation officers would give you a warning; others would commence probation violation proceedings. I would suggest consulting a local criminal defense lawyer to determine what your probation officer is likely to do, and your best course of action.