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  1. #1
    Join Date
    Mar 2013
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    Default Felony Parole Violation for Drug Use

    My question involves criminal law for the state of: Ohio

    Hello,
    Start off I am a foster parent and we had a newborn for 1 year to foster until the birth mother was given an early release and placed on 3 yrs. probation and was reunified with her daughter. We have continued to stay in the birth mother and baby's life and the birth mother was doing wonderful and doing all that was required of her.
    4 days ago she was arrested for failing a drug test{ her felony was theft} and is terrified that she will be sent back to prison to finish out her remaining sentence{6 months} she was sentenced to 2 yrs originally and gave birth in Prison. She is adament that she never took any drugs or alcohol and is sitting in county jail waiting for a hearing. we see her nunerous times each week to babysit while she goes to work, is extremely dedicated to raising her daughter, and has exceeded our expectations. At no time have we ever noticed anything remotely with her being impared or under the influence.
    We have written a letter to the judge explaining our relationship and what we have witnessed over the last 8 months and the devestation the would cause her daughter, now 18 months in being sent back to prison for 6 months.
    is there a chance that there are other options in leiu of prison. She hasn't even been told how she failed the test, she's had hepetitus c her whole life, and wonders if a prescription she took has anything to do with it....

    Any thoughts would be greatly Appreciated, I would hate to see this little family break up for 6 months..

  2. #2
    Join Date
    Sep 2005
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    Default Re: Felony Parole Violation for Drug Use

    Quote Quoting ndtguy01
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    4 days ago she was arrested for failing a drug test{ her felony was theft}
    If she's being regularly tested, odds are she has a history of illicit drug use. Standard probation or parole for larceny does not include drug testing.
    Quote Quoting ndtguy01
    and is terrified that she will be sent back to prison to finish out her remaining sentence{6 months}
    That's plausible, depending on the facts and her record. Also, the policies of the parole officer matter. And the nature of the drug. I've seen some probation and parole officers who give a couple of chances before initiating violation proceedings for, say, marijuana use. But if it's opiates or benzodiazepines, that may be regarded as far more serious even for a first positive.
    Quote Quoting ndtguy01
    She is adament that she never took any drugs or alcohol and is sitting in county jail waiting for a hearing.
    She tested positive for something.
    Quote Quoting ndtguy01
    At no time have we ever noticed anything remotely with her being impared or under the influence.
    That of itself doesn't mean she doesn't use drugs, or that she didn't on the occasion at issue.
    Quote Quoting ndtguy01
    We have written a letter to the judge explaining our relationship and what we have witnessed over the last 8 months and the devastation the would cause her daughter, now 18 months in being sent back to prison for 6 months.
    The court and/or probation officer may take that into consideration.
    Quote Quoting ndtguy01
    is there a chance that there are other options in leiu of prison.
    That's going to depend upon a lot of facts that are not available to us.
    Quote Quoting ndtguy01
    She hasn't even been told how she failed the test....
    You mean, what drug(s) showed up as "positive"?

    There is a report of her parole violation. If she has not yet been given a copy, her lawyer can get a copy.
    Quote Quoting ndtguy01
    ...she's had hepetitus c her whole life, and wonders if a prescription she took has anything to do with it....
    Exceedingly unlikely, but I'm not going to rule out anything until you tell us (a) what medication(s) she takes and (b) what drug(s) showed up on her drug screen. Also, sometimes an initial drug panel will be followed up by a lab analysis for more specific results - so even if there could be confusion based upon the panel test, if that is done the follow-up test may be very clear about both substances and levels.

  3. #3
    Join Date
    Mar 2013
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    2

    Default Re: Felony Parole Violation for Drug Use

    Update, she tested pos. for heroin. her P.O told her 6 months back to prison to finish her sentence. So, She's basically done in that respect. we will support her and help take care of her child who is really attached to us. funny thing though I remember when my wife was pregnant and had a bad infection, she was on Sipro for weeks and the nurses joked about how heroin showed up in her labs. baby's mom was on a heavy antibiotic through feb. but since she has prior drug use that is irrelevant in a probation hearing. it would be alot more of an argument in an initial charge... thanks for responding, she's going to be seperated from her daughter for 6 months, hope that wakes her up.. she screws up again, she will not be raising her daughter.

  4. #4
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Felony Parole Violation for Drug Use

    If she does not have a lawyer she needs one, certain classes of antibiotics (fluoroquinolones such as cipro) do create false positive for opiates on some tests.

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