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View Full Version : Possible Probation Violation


whoiam
Jan 22, 2010, 12:51 PM
I'm going to try to keep this as short as possible.

I am on probation for a DUI in Wichita, KS. I have not violated my probation in the past. My probation was extended, for not having fines paid off. I will be paying off the rest of my fines in less than a week.

I reported the other day, and my UA came back positive for Lortab. I did take one, didn't even think about it. I have a script that is about 1.5 years old. And I had some left over from it. So I took one the day before for some shoulder pain.

I tried to explain this to my PO, but I'm not able to provide the actual bottle that the prescription was in. After ten minutes of her threatening me with jail and calling me a lair I finally decided that the best way to handle it would be to tell her what she wanted to hear. She was getting extremely agitated because she was sure I was lying to her. I feared in her agitated state that she would send me to jail right then. So after a moment of silence I told her that I got one from a friend. At that point she told me I had two options 72 hour sanction (24 hours jail time for each "lie" that I had told her) or she would issue a warrant for my arrest, which would require me to spend 60 days in jail or post $25,000 bond. She also informed me that I would probably lose my job from being in jail for that long. I asked her "What if I can provide the documentation that I had been prescribed Lortab?" To which she replied "You can't.." then continued to asked me if I was telling her that I was "lying" to her again. At that point, I figured that I should just shut my mouth.

As soon as I left I went to my doctor and got the records to show that I had been prescribed the pills. I also sent her an e-mail explaining to her why I had lied and told her what she wanted to hear and that the actual truth was that I had them left over from a prescription. I offered to bring in the documentation or fax it to her in the e-mail.

Am I over reacting by feeling as though she's taken an extreme approach to what's gone on? If not, what can I do about it. I don't feel like I violated, but the way she approached me and threatened to take me to jail right then really scared me. I'm a single dad with 2 kids... I have a respectable career in the IT field. Going to jail right then could very well have cost me my job... not to mention the fact that I need to make arrangements for my kids... So frustrated about all of this...

JudyKayTee
Jan 22, 2010, 01:04 PM
Do I understand that you took the Lortab by prescription, in the manner and time frame in which it was prescribed, but told the PO that you didn't have a prescription or took it in some other manner?

whoiam
Jan 22, 2010, 01:10 PM
I had a prescription that was 1 and a half years old. Prescribed for pain related to surgery. I didn't take all of them. I took one the other day for unrelated pain. However, out of fear of going to jail right then, I told her what she wanted to hear... which was, that I'd gotten the pill from a friend.

whoiam
Jan 22, 2010, 01:11 PM
I initially tired to tell her the truth, which was that they were left over pills from a year and a half ago... but after 10 minutes of her calling me a liar and threatening to have me arrested and taken to jail... I didn't know what to say... so I told her what she wanted to hear.

whoiam
Jan 25, 2010, 10:39 AM
Bump

JudyKayTee
Jan 25, 2010, 10:47 AM
No one answered because there's not much to say - you "confessed" to taking Lortab other than as prescribed. That's a violation.

You DID take it outside the prescription

If you get a good criminal Attorney you may be able to explain your "confession." Otherwise, you have a serious problem and have violated probation.

Can you report her? You can report anyone for anything but being badgered into a confession usually doesn't "fly."

Fr_Chuck
Jan 25, 2010, 11:10 AM
Yes, if you had a prescription, you did, and should not have lied, if she had tried to violate for the lie, you would have had evidence in court.

BUT, I doubt the doctor intended you to keep and use them a year and 1/2 latter, so in fact you took them for something other than prescribed most likely.

Sounds like you were screwed to start with for taking a old presription, and made it worst with saying you lied and telling them a story, then proving you lied again by telling them the story.

Can I say hire an attorney