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  1. #1

    Default Probation Violated on Rise in THC Levels

    My question involves criminal law for the state of: New Mexico.

    My son and his girlfriend are expecting a baby. In fact I think her due date is today, yet my son has been setting in county jail since Wed 9/3/8.

    He went to his 3rd meeting with his probation officer. His PO accused him of being high, smelling like marajuana, and tried to get him to admit that he had been smoking pot. After my son refused to admit to such a rediculous charge (smoking pot just before seeing your PO?) his PO pulled out the drug test results for last 2 visits and told him that his THC levels were 19 nanograms higher in week 2 than they were in week 1 and again tried to get him to admit to using marajuana.

    Again my son refused to admit to any use subsequent to his probation and his PO called him a liar and went ahead and violated him anyway, threw him in jail where he still sits 5 days later.

    On day 4 (of my son's incarceration) his PO finally scheduled a revocation hearing for Thursday 9/11/8 where they will probably just let him continue his probabtion anyway since the circumstances of his violation seem questionable at the very least. In the mean time my son will likely miss the birth of his first child.

    Before I ask my questions let me state the following:
    My son was staying with us in our home the week of his 3rd PO visit and my wife even drove him to his PO visit that day. From the time he was sentenced to probabtion, my son was vigilant about 100% compliance because he did not want to miss the birth of his son.

    Here are my questions:

    Is there any way possible for THC levels to slightly rise (19 nanograms is well below the 50ng standard for a positive test) from week to week after sessation of pot smoking? I have read much about how THC is stored in fat cells (my son is obese and weighs 260lbs) and how physical activity can release the THC metabolite that the THC test looks for into the blood stream after the fact.

    My son has a Public Defender who hasn't even contacted my son since he was taken into custody 5 days ago. His defense of my son (a whole other topic) was questionable as well. How do I know my son is getting competent represetation? Neither my son or I can afford an attorney.

    I think my son is being railroaded and the the drug test results were "trumped up" and his constitutional rights may have been violated especially if as a result he misses the birth of his son. Where can I go for help?

    Thank you so very much in advance for any support in this matter.

    One very distraught father and grandfather to be (my first as well).

  2. #2
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    Default Re: Probation Violated on Rise in THC Levels

    THC levels drop over time. If you know the exact test used you can research what, if anything, might cause a "false positive" for THC, as well as the margin of error for the test. Your son should be working with his criminal defense lawyer.

  3. #3

    Default Re: Probation Violated on Rise in THC Levels

    Quote Quoting Mr. Knowitall
    View Post
    THC levels drop over time. If you know the exact test used you can research what, if anything, might cause a "false positive" for THC, as well as the margin of error for the test. Your son should be working with his criminal defense lawyer.
    First let me thank you for your reply. I will take any advice I can get.

    It is now his 7th day in custody on a no bail hold. His Public Defender still has not even attempted to contact him. How do I address this issue without making things worse for him?

    His revocation hearing is in 2 days. Shouldn't his lawyer be working on a strategy for the hearing? Is this malpractice?

    Thanks again for any replys and I sure would like an answer about my question about THC in fat cells, and if the results can be expained or proven false or it can be proved that his PO conspired to violate him what is my son's recourse?

    Thanks!

  4. #4

    Default Re: Probation Violated on Rise in THC Levels

    Update:

    On 9/11/8 on his 8th day of incarceration, we attended my son's probabtion revocation hearing. In short, he was not released but was ordered to enter the detention center's in house addiction treatment program or "ATP". It is a 28 day program meant mainly for multiple DWI offenders.

    Having witnessed the proceeding, it quickly became clear to me that not only was the judge in this case holding my son in contempt (the original charge that he was given intensely supervised probabtion for) but that she indeed had contempt for my son.

    Knowing that this action would absolutely make my son miss the birth of his first child (his well overdue - pregnant girlfriend was in attendance in the courtroom as well) she ordered this action at his own public defender's suggestion in lieu of revocation and an automatic 90 days in jail.

    With a smile on her face she thanked the public defender for such a wonderful suggestion (almost as if she had come up with the idea herself) and stated how she had been prepared to give my son the 90 days no problem. She ruled that my son be moved from the "God Pod" that he was currently in to the ATP pod and begin the 28 day addiction treatment program immediately.

    That was 4 days ago. My son still has not been moved. He is now in his 12th day of incarceration. He called us yesterday. He is so angry and depressed that they have put him on meds for both depression and high blood pressure - he is only 24 years old!

    I do not believe that my son is getting adequent or even competent representation. I also believe that the judge is emotionally charged in this case and is taking HER anger out on my son using her autonomous power to keep him behind bars for nothing more than making her mad. This is wrong.

    Does anyone know if there is a trend or history of judges putting defendants on probation knowing that that person is likely to fail (my son was basically homeless, had no job and no money) and violate probation giving them the power to do as they please? There is no trial, no jury, no sentance in the traditional sense, and no appeal. My son is basically a ward of the court and has been stripped of all constitutional rights.

    Please someone help me! I am begging you! If you have a suggestion or solution please reply asap.

    Thank you once again.

    One very distraught father and grandfather to be (the baby is coming!)

  5. #5
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    Default Re: Probation Violated on Rise in THC Levels

    Quote Quoting Railroaded in New Mexico
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    I do not believe that my son is getting adequent or even competent representation. I also believe that the judge is emotionally charged in this case and is taking HER anger out on my son using her autonomous power to keep him behind bars for nothing more than making her mad. This is wrong.
    This is court.

    You do not want to anger or hack off the judge in your trial. That is a galactically stupid thing to do.

    Does anyone know if there is a trend or history of judges putting defendants on probation knowing that that person is likely to fail (my son was basically homeless, had no job and no money) and violate probation giving them the power to do as they please? There is no trial, no jury, no sentance in the traditional sense, and no appeal. My son is basically a ward of the court and has been stripped of all constitutional rights.
    It is not the judge's job to find your son a job. However, when your son was let out on probation, he was given a strick list of tasks to do or not do.

    Obviously, he didn't read the "Don't smoke grass" part closely enough.

    The fact he still goes back to court shows that his constitutional rights have been protected. The fact he keeps losing doesn't change that.

    Please someone help me! I am begging you! If you have a suggestion or solution please reply asap.
    Sell everything your son owns and get him the best legal counsel you can find.

  6. #6

    Red face Re: Probation Violated on Rise in THC Levels

    Quote Quoting cyjeff
    View Post
    This is court.

    You do not want to anger or hack off the judge in your trial. That is a galactically stupid thing to do.



    It is not the judge's job to find your son a job. However, when your son was let out on probation, he was given a strick list of tasks to do or not do.

    Obviously, he didn't read the "Don't smoke grass" part closely enough.

    The fact he still goes back to court shows that his constitutional rights have been protected. The fact he keeps losing doesn't change that.



    Sell everything your son owns and get him the best legal counsel you can find.
    Jeff, Thank you for your comments. As I said before I will take any advice I can get.

    However, I am convinced that my son did not smoke any pot subsequent to his probation. My son has been adamantly consistent about this from the very beginning. He was scared to death that this was gonna happen. He kept telling his mother and I that they were out to get him. He was so afraid that something like this would happen and he would miss the birth of his son. He was vigilant about compliance. Sure enough, 3 weeks into his probation his worst fears became reality.

    Let me ask you this: Is it impossible to get a bad THC test result? Is it impossible to get a false positive? Is it impossible for the THC stored in fat cells make THC levels go up? Is it impossible for the results to be doctored, altered, or modified in some way? Impossible? Really?

    Everyone assumes that the defendant is always a liar - until someone manages to prove otherwise. I have not seen the test results myself. I have no idea what type of test was used, I have not seen the chain of custody nor has his public defender - he never even asked.

    My son has nothing of value to sell but I take it from your comment that you believe that those who cannot afford a top notch attorney are treated unfairly. At least we agree on something!

  7. #7
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    Default Re: Probation Violated on Rise in THC Levels

    Quote Quoting Railroaded in New Mexico
    View Post
    Let me ask you this: Is it impossible to get a bad THC test result? Is it impossible to get a false positive? Is it impossible for the THC stored in fat cells make THC levels go up? Is it impossible for the results to be doctored, altered, or modified in some way? Impossible? Really?
    This was previously addressed:
    Quote Quoting Mr. Knowitall
    View Post
    THC levels drop over time. If you know the exact test used you can research what, if anything, might cause a "false positive" for THC, as well as the margin of error for the test. Your son should be working with his criminal defense lawyer.
    Quote Quoting Railroaded in New Mexico
    View Post
    Everyone assumes that the defendant is always a liar - until someone manages to prove otherwise.
    That's because 99% or so of the time the defendant is lying.

    Your son is being given the opportunity of a drug treatment program. It sounds like he could benefit from that. If he's already on blood pressure medication, he needs to be considering weight loss and exercise. If not, it only gets worse from here - he's too young to be treating himself like this.

  8. #8

    Angry Re: Probation Violated on Rise in THC Levels

    I have really been trying to hold my tounge with you guys but you sound just as jaded as the people in the court system. Why?

    My son has been given the opportunity of a drug treatment program? It's actually called a "Addiction Treatment Program" and guess what, THC is not addictive!

    I cannot for the life of me figure out why everyone's replys are so heavy handed and down right condescending. You are talkng to a family who is crushed over this yet I get smart remarks like "It is not the judge's job to find your son a job.", "Obviously, he didn't read the "Don't smoke grass" part closely enough.", "he needs to be considering weight loss and exercise."

    Are you guys here to help are just dash everyone's hope?

    How about a little hope here. A little help?

    What we need is a top notch attorney that would be willing to take this case pro-bono. Can you recommend one? Can you refer me to an organization that specializes in cases like this?

    There are hundreds of people watching this thread. I have linked the url of this thread in a way that will literally make it visible to hundreds maybe even thousands of people in hopes that the right person will lay eyes on it.

    Surely you can do better.

    BTW, my son is still in his original pod 5 days after being ordered into the ATP pod. The clock still isn't even ticking. The only clock that is ticking is the one that will bring his son into this world without it's father.

  9. #9
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    Sep 2008
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    Default Re: Probation Violated on Rise in THC Levels

    You must RESEARCH!! My boyfriend recently failed the ONE URINE TEST he had to take before going onto unsupervised probation. The test results came up positive for Methamphetamines. I, like you re: your son, 100% believed that he was clean. I asked him what over the counter medications he had taken in the last two days and he told me, only his Zantac Heatburn medication the morning of. I began researching and discovered that many "false-positives" for meth have resulted from Zantac use (BTW in my research i did see other OTC meds linked to a THC false-positive). You must take it upon yourself to do the research and to present your findings to the Public Defender - to be honest with you, i asked to approach the bench and i pleaded our case directly to the judge (I did what I had to do!). I did the above yesterday and my boyfriend was released and put on "unsupervised" probation - the entire case was dismissed as the judge acknowledged that we had "created doubt". He did loose 4 days of his life. The probation office in NM for some reason does not keep the positive UA samples - in other states such as WA is mandated by law to send all positives to a lab for a more accurate reading of just what was found.

    On that note: Do we have a case against the state for not allowing us the opportunity to test the original positive sample? Shouldn't a detailed questioner requesting ALL documentation of all medications/herbs/diet pills which the defendent is taking, just to avoid what occured? It all sounds VERY unjust and unconstitutional to imprison someone based on a test that can never be re-tested.
    Thank you!

  10. #10

    Default Re: Probation Violated on Rise in THC Levels

    Quote Quoting Railroaded in New Mexico
    View Post
    Update:

    Does anyone know if there is a trend or history of judges putting defendants on probation knowing that that person is likely to fail (my son was basically homeless, had no job and no money) and violate probation giving them the power to do as they please?
    Yeah.. like they did when I was arrested and put on one years probation... I had no home, job, vehicle, money, or close by relatives(due to issues with the so called friends i got into trouble with).. almost two years later.. I'm still on probation and just signed a paper telling them to extend it another year because I'm $550 behind on payments and can only do odd jobs to pay for food for my gf, who is due in november, and myself..

    It's rediculous.. how do they expect us to get on our feet and become part of the everday, hard working, trusted members of society if they keep charging us money or calling our jobs and bugging the hell out of them.. and keeping us tied to the rest of the criminals(jail, probation offices, self help meetings, etc)

    more proof the government does as it pleases.. kind of sad being that we're a democracy and the people are supposed to be the power..

    it's also upsetting that judges can order what ever they please based on thier current mood..

    don't you love how you have to jump when told to.. but when you ask them for help or for anything it's days, months, years before they decide to get a move on it..

    One very distraught father and grandfather to be (the baby is coming!)

    congrats on the kid.. I hope i get to stay free long enough to see mine born.. i wish you all the best of luck!

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