Drug Crimes, Substance Abuse Help i can"t go to jail!!

[ns1408]

I am currently on probation for a d.v. charge; I have d.v. class once a week and today when I went to my regular meeting, the instructor informed me that I was dropped from the class and that I had to attend a court date on October 27th because my probation officer called and said this. My d.v. instructor was told that this was because on my last drug test, the THC levels in my urine were not low enough to where it should be by now.

I was not court mandated to get drug tested for my original offense; I did so voluntarily because I had been at a friend of a friend's house when cops came to search this guy's place (wrong place, wrong time). The officers took my urine sample before being cited and released for being under the influence. I informed my probation officer right after this incident and voluntarily offered to be drug tested.

My concern is that on this court day I will be sentenced to do jail time. I am currently enrolled in college and half way through the semester, and doing well for myself. I have been doing everything the court ordered of me for my original offense and need to know how I can avoid jail time because it will interfere with school.

So, I desperately need legitimate advice….Am I going to be reprimanded to serve time in jail when I go to this upcoming court hearing? Is there a way to stay out of jail to finish my school semester that does not involve hiring an expensive attorney?

Thanks in advance for just reading my post…any suggestions? :angel
ns1408

 

[CdwJava]

No one can predict what will happen at the court date. You may be remanded in to custody, you may not be. The court may remand you for a couple of days, or they may order you to serve the rest of your time ... or, nothing at all. If they think that you need a little warning shot across the bow, they may simply order you to a weekend of time.

If you still have an attorney of record, you might wish to contact him or her ASAP.

- Carl

 

[raskalnikov]

You should never "volunteer" to do anything. Some Urine tests have a fairly high false-positive rate, especially considering how often you have to take them.

An attorney would definately help. They could hopefully either get you a warning, or extend your probation, or add on community service hours instead of jail. There's also the possibility that they may put you in jail, but let you leave for class/work.

Good Luck.

 

[jharris352]

I don't think you are really looking for advice or suggestions, you are looking for us to tell you that it will be ok. You have your priorities out of order. I know you don't want to hear this but if you learn a lesson from this screw up you will do much better.

The Judge is going to want to know you are doing better because you GET IT. I don't think you get it yet. Maybe you will if you take ownership over the things you have done. You first were violent with someone in your home. You are to be congratulated for doing your courses and trying to straighten up.

No one is going to believe the "friend of a friend" "I didn't know this guy was a drug dealer" when you test positive for pot. I know you probably already think I'm just beating you up, but this is how the Judge is going to look at you. It's your job to change that if you want to stay out of Jail.

Here is the deal: You going to school is not suppose to be your top priority. Being a good citizen by learning to hold your temper, not hang out with drug dealers, by not doing drugs is FAR more important than your selfish view of going to school. If you really were concerned about going to school you would stop focusing on that and focus on being a good person.

I know you think I'm preaching to you. You can cuss me, you can ignore me, and you can think I'm crazy. You will not be able to avoid the Judge and he is going to see it like this. If you go in their with the attitude that HE is about to ruin your school life by putting you in Jail you are in deep trouble.

If you go in there and show the Judge that you get it i.e. You have been a poor citizen. You DESERVE to go to Jail, you are STILL doing things wrong, and you are still hanging out with a bad crowd. Straighten up and show the Judge that your priority is being a good citizen and that you are going to put away these bad habits and you have a chance.

If not, you have a good chance of going to jail until you do get it. I'm sorry, I know that wasn't the advice you wanted, but when you see the Judge, you will either get to grow up on the street, or grow up in Jail. Good luck.

 

[ns1408]

thanks for your responses....

 

[chetsonlaw]

You should never "volunteer" to do anything. Some Urine tests have a fairly high false-positive rate, especially considering how often you have to take them.

An attorney would definately help. They could hopefully either get you a warning, or extend your probation, or add on community service hours instead of jail. There's also the possibility that they may put you in jail, but let you leave for class/work.

Good Luck.

If he was on probation at the time, and a condition of probation was to submit to drug tests, then he had no choice, and if he did not submit to the drug test, he could've been violated for a refusal.

But I would simply add to what the first person said. In most states - mine certainly - a probation hearing is not like any other kind of hearing. Even if you work out an agreement with the prosecution to simply have you returned to probation, the judge can revoke it if he wants. The judge has full discretion to do what he wants within the bounds of the probation terms and your active term.