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  1. #1
    Join Date
    Jun 2007
    Posts
    3

    Unhappy Probation Violation For Drug Use

    My husband was asked by his counselor if he tested him right now would he test dirty, He told him he would that he had smoked pot the night before and did meth also. The counselor told him that he would give him 30days to get clean. Then the following week he went ahead and tested him,of he he came up dirty for pot. and the results were faxed over to his PO. The next day Matt went in for his intake w/his PO he told about testing dirty and about his drug usage.She said that was all good since he was honest she would not test him yet, Then they finished his intake and set uphis appt for the next month. 2 1/2 weeks later when he went in for his next meeting his PO arrested him on the spot for the dirty test 2 1/2 wks prior. Whenwe went to the hearingshe told the judge that Matt told her about his drug usage and about testing dirty and then a few min later she said he never told him about using drugs and that she was very concerned that he had a magor drug problem and wasnt sure what reccomendation she would make, She also went on to say that she felt that durning his 1st intake appt that he was under the influence. One of my big problems w/all this is if she was so worried why did she wait 2 1/2 weeks to have him arressted after he failed the test and supossedly she thoght he was high durning the intake. and why didnt she ever test him herslf?? My husband recieves SSDI and if he is in jail for a long period he will lose his benefits which is the main income coming in the house. What is the best way to get the court to agree to release Matt and let him do outpatient drug treatment,attend NA meetings, and be put back on probation but at a higher level?He has already been in jail for almost 25 days. He admits he has a problem and wants to seek treatment but due to severe panic attacks and the risk of losing his SSDI we feel that outpatient treatment would work best for him. If anyone could offer some suggestions they would be greatly appreciated. We live in Farmington NM 87401
    Thank you for all your help
    Shauna:

  2. #2
    panther10758 Guest

    Default Re: Probation Violation

    I think you miss the real point here. He tested dirty. This isnt about anything else! He knew he coud not use drugs and should not everything else means nothing! If he didnt use drugs then he wouldnt be in this situation. The PO acted within the law arrested him and any jail time he may see is do to his using illegal drugs while on probation!

  3. #3
    Join Date
    Jun 2007
    Posts
    3

    Default Re: Probation Violation

    No I got the point I understand he tested dirty but there are other points to look at also. He had just been put on probation (not for anything to do w/drugs)and he was not using at the time he was put on probation he had used them previously and was taking the steps to try and get treatment on his own to continue not using.If they had tested like they should have on the day of intake and then again a couple weeks later they would have seen by the levels that he was not still using because the levels would have went down. As I said all he showed dirty for was the pot and that stays in the system for 30days.
    And don't get me wrg I don't mind hearing the answer but it would be nice if those Perfect people that never get caught up in a bad situation or make bad choices would stop and also listen when a person is attempting to get help to try and get things back on track instead of just passing judgement.

  4. #4
    panther10758 Guest

    Default Re: Probation Violation

    He also admitted to meth use! Look its a no brainer he tested dirty therefore he violated his probation

  5. #5
    Join Date
    Jun 2007
    Posts
    3

    Default Re: Probation Violation

    Yes he did and as I said only Pot showed up on the test, which shows that yes he did admit to using th drugs prior to being put on probation but he is no longer using thats why no meth showed and the levels of pot were far lower. But never mind you are just one of the people that can only see things one way you dont look at the whole picture. In reality he used the stuff before being put on probation but it takes so long for pot to leave your system it showed dirty so he didnt violate probation cuz he didnt use while on probation it was already in his system

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Probation Violation

    Without knowing anything about the underlying offense, his prior record, or history of probation violations, it is impossible to guess how the judge would respond to this particular probation violation. I've seen defendants with similar or worse probation records have their probation continued, but I've also seen people sent to jail or prison over drug use while on probation.

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