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  1. #1
    Join Date
    Dec 2008
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    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,

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