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  1. #1

    Default Multiple Dirty Drug Tests While On Probation

    My question involves criminal law for the state of: Federal, New York

    Hello,

    I was arrested on federal property for possession of marijuana (.26 grams, it was a joint roach). I recieved 2 years probation. 2 months after that I violated for dirty urine and sent to inpatient drug rehab.

    After completing, I was transferred to New York for college, and have complied for 6 months in every regard, including an outpatient drug faciluty. Recently, I failed a urinalysis for cocaine and was placed under curfew, which I have complied with.

    Now, I just got back a dirty urine for marijuana because I smoked after finding out about my cocaine urinalysis failure and I am sure that I will be violated. Will I have to serve jail time? I recently paid 12,000 dollars for a year in an apartment and have paid 30,000 dollars for my summer classes and my fall semseter which begins in september. I am worried that the judge will not allow me a longer or more restricted probation, but send me to federal prison. Any advice, or ideas as to what I will face in court will be greatly appreciated. Thanks so much

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Probation Concerns Making Me Lose Sleep

    You honestly need an attorney.

    You've basically told the court that you have no regard for the law or the restrictions placed upon you - and if you're to avoid incarceration, the only way I can see you doing that is with a really good attorney (and even then I'm not sure you have much chance).

    Without being overly familiar with NY laws, the only suggestion I have is inpatient rehab (though that's likely going to interfere with your schooling).

  3. #3

    Default Re: Probation Concerns Making Me Lose Sleep

    Also,

    I have a bench warrant from a municipality in New Jersey for a borough ordinance violation, not a misdemeanor just a fine. Will my PO find out about this or can I just ignore it until probation ends next year, and then take care of it? This is of course only if I do not get violated beforehand.

  4. #4
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Probation Concerns Making Me Lose Sleep

    When I have to submit a violation, I have to do a check for warrants and new offenses. Since the infraction is just an ordinance issue, that may not be a biggie. But, it's now in warrant, so that makes it much more serious. Your issue is that you already have done outpatient, inpatient, had your restrictions elevated and still have not maintained sobriety. You need a lawyer quickly!

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