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  1. #1
    Join Date
    Dec 2008
    Posts
    2

    Default Violation of Probation Random Drug Test

    My question involves criminal law for the state of: NJ

    SWIM was arrested for CDS possession (Marijuana) and intent to distribute. SWIM was put on probation for a year with random drug testing, 40 hrs community service, and drug eval.

    Swim has completed a solid month and a half of probation with no problems (Passed drug tests, paid fines, and did community service.) SWIM was also arrested and put on probation while a minor (17 years old.)

    SWIM was randomly drug tested in school. He may come out positive for cocain and heroin use. SWIM mentioned he was using Amoxicillan (for a dog bite) and Nyquil (for flu)- both create false negatives for opiates and cocaine.

    What would SWIM's PO do? Is she obligated to report SWIM's violation?- Will the false positives in anyway help his situation?
    What would SWIM be facing (Mandatory rehab, jail time?) Can the violation mean he's going to be facing the remaining 9 months in jail?

    Thanks,

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Violation of Probation Random Drug Test

    SWIM = "Someone Who Is Me"?

    So the probation officer has been made aware of this drug test.

    If there's any truth to SWIM's effort to blame his drug test results on OTC medications, which I doubt, he should consider getting a drug test from a clinic that will confirm his identity to the satisfaction of the court, and perform a drug test that is sufficiently specific that it proves that he did not use illegal drugs. If there's a remaining sample from the drug test that was performed, it may be possible to get a more specific test of that sample. Note that if the probation department isn't satisfied that it was SWIM who got the drug test (as opposed to somebody using his name), they are likely to tell him that a clean result is meaningless.

    Beyond that, SWIM should talk to his lawyer.

  3. #3
    Join Date
    Dec 2008
    Posts
    2

    Default Re: Violation of Probation Random Drug Test

    for those reading this.. swim has to show up in court within 2 weeks (the date was not specified). swim has checked into an outpatient program to help matters in court. swim has 2 options (being on juvenile probation).. he can go to court and get retried on his original crime (distribution and 4rth degree tampering with evidence) and his violation of probation, or he can (as proposed by swims po) go to wilderness programl/ a special boarding school in liu to the court appearence.


    swim hops this has helped other people in a similar predicament.

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