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Drug Crimes, Substance Abuse Miss testing while on probation
- Thread Starter kykyshka
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raskalnikov
New Member
Oakland county doesn' t screw around.
I don't understand the questoin. Are you saying they asked for a drug test, and he refused?
In Oakland county, even those busted only for alcohol related events are usually forced to do drug testing.
I don't understand the questoin. Are you saying they asked for a drug test, and he refused?
In Oakland county, even those busted only for alcohol related events are usually forced to do drug testing.
raskalnikov
New Member
Please tell me what he is required to do, what he is accused of, and what he did do.
Are you saying he didn't think it was his time for the drug test, but the testing company says that is was and he skipped it?
Are you saying he didn't think it was his time for the drug test, but the testing company says that is was and he skipped it?
He is on probation for 12 month. He already tested for 1 year and never fail the test only miss ones he overslept but was called the next day. he went in court and the added 4 days of wams. He had test for alcohol and drugs but sometimes only alcohol. That day he was told that it is only alcohol he pass the test and left. Now we receive a letter from court saying that he refuse the drug test on that day. How can we prove that he did not refuse anything. Does he have to sign something. His charges not drug related and he compiled every requirements. How can we prove that it is there mistake. He only have 2 month of probation left
raskalnikov
New Member
When he calls, do they give a color? If they made the mistake, it seems it would be obvious as there would be 100% non-compliance on a given day for drugs. There are drug-hair tests that go back much further to determine use, but I'm unsure if his PO or Judge would allow him to use that as evidence.
raskalnikov
New Member
He should tell the PO what happened, sooner rather than later. Then ask the testing company and see what they say. There's always a possibility of human error. I'm afraid it's very hard to prove a negative.
raskalnikov
New Member
Has he talked to his PO?
If what you say is correct, seems a lot of people would have "missed" the drug test, and the PO would notice a bunch of clients all saying the same thing about the same day.
If what you say is correct, seems a lot of people would have "missed" the drug test, and the PO would notice a bunch of clients all saying the same thing about the same day.
raskalnikov
New Member
Well, as it's Oakland County, most of the Judges are extremely conservative. That may change, somewhat, as the Prosecutor was effectively removed from his seat for corruption. . .
If he has a suspended sentence, the Judge can impose that amount of jail time on him. The judge may also expand probation, order more community service. Pretty much, the Judge can do anything they want within the sentencing range.
Hiring a GOOD attorney, especially one who has a relationship with the Judge, may help reduce the punishment. Be sure it's a good attorney, though, Michigan has some of the absolute worst Criminal defense attorneys in the country, due largely to having the worst law school in the country (Cooley) graduating so many people that shouldn't have an undergraduate degree. . . then all the other law schools in the State are awful, except for U of M and Wayne State. . .etc.
As most of those who post here will say, get an attorney. . . and consider getting the hair test.
If he has a suspended sentence, the Judge can impose that amount of jail time on him. The judge may also expand probation, order more community service. Pretty much, the Judge can do anything they want within the sentencing range.
Hiring a GOOD attorney, especially one who has a relationship with the Judge, may help reduce the punishment. Be sure it's a good attorney, though, Michigan has some of the absolute worst Criminal defense attorneys in the country, due largely to having the worst law school in the country (Cooley) graduating so many people that shouldn't have an undergraduate degree. . . then all the other law schools in the State are awful, except for U of M and Wayne State. . .etc.
As most of those who post here will say, get an attorney. . . and consider getting the hair test.
raskalnikov
New Member
Note: If you do get the hair test, you need to OK it with the PO/Judge to make sure you get it done at a reputable clinic, and that they'll ensure it is the defendant's hair that is being tested. Many Judges/POs won't even think of this as evidence, but some do.
Theresagail
New Member
Usually @ the facility they have you sign a paper and they look @ your ID and write that info down-- Contact the facility
raskalnikov
New Member
theresagail is right. They also should always give you a receipt each time.
Your son shold be doing this.
Do you think I can go and talk to the people in the testing facility or this is not a good idea
Your son shold be doing this.
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