My daughter is on probation / diversion for misdeamenor. First time she has ever been in trouble, not even a speeding ticket. She is on narcotic prescription medication for medical condition. She has Polycystic Ovarian Disease, Endometriosis, Arthritis, and Hep C ( thanks to her soon to be exhusband). She took in her paperwork and prescription bottle. She had an old prescription for hydrocone, from oral surgery that was over a year old, which she still had a few in the bottle. She was out of her current medication and in pain, so she took some of the old meds. Meanwhile she had a repiratory infection and was given a cough syrup with codeine in it. She went in for her check and of course it showed up in UA test. She had taken her prescription bottle for the hydrocodone, and the pharmacy paper for the cough syrup. Her P.0. told her that since the prescription was so old she would have to check with her boss. Over a month goes by and she has called every day as instructed to, to see if she was to come in the next day for drug test and to pay restitution. So she and I were getting very concerned as she is to pay monthly restitution. So she got money orders and wrote a letter , and sent to her probation. About 6 days later her P.O. called and said that the prescription was to old so they had to put on a probation capius, and that she needed to contact her attorney. She asked why she hadn't been notified. As she was under the assumption that her P.O. was going to contact her after she checked with her boss. Her P.O. told her that it wasn't her responsibility to contact her, only to contact the court. Which doesn't seem right,how are suppose to know if they don't tell you? Anyway, this is all new to us, so our first question is: What is "probation capius" vs. "probation violation", or is there a difference? Second question is what does this mean what will happen? Does this mean she will have to go to jail? She also has gall bladder problems at present.She vomits multiple times every day, and runs temps off and on as high as 102* The thought of her having to go to jail as sick as she is, is unbearable to me.

Did she miss a Court appearance? Capias Law & Legal Definition (http://definitions.uslegal.com/c/capias/)

“A capias is a warrant or order for arrest of a person, typically issued by the judge or magistrate in a case. A capias may be issued in different forms. A capias is commonly issued for a failure to appear in court. A capias may be based upon an affidavit alleging personal knowledge of the offense. It must state:
1. 1. The name of the accused, if known, and if not known, must give some reasonably definite description of him.
2. It must show that the accused has committed some offense against the laws of the state, either directly or that the affiant has good reason to believe, and does believe, that the accused has committed such offense.
3. It must state the time and place of the commission of the offense, as definitely as can be done by the affiant.
4. It must be signed by the affiant by writing his name or affixing his mark.
The following is an example of a state statute dealing with capias:
'The process for arrest on an indictment shall be a capias, which shall be issued immediately on the return of the indictment into court, and made returnable instanter, unless otherwise ordered by the court, and if the capias be not returned executed, the clerk shall issue an alias, returnable to the next term, without an order for that purpose.'”

What was the misdemeanor? Do I have this right? She took cough syrup with codeine by prescription and hydrocodone (something not presently prescribed for her) to handle the pain from Polycystic Ovarian Disease, Endometriosis, Arthritis, and Hep C, she tested positive, her PO said he/she would have to check with a supervisor and/or the Judge about the violation. Over a month passed without word word from the PO so your daughter paid the monthly restitution (she's always been on time and up to date?). The PO called (this is over a month after the “dirty” test) and said she was on probation capius and needed to contact a personal attorney.

No, it's not the job of the PO to keep your daughter informed. If she was calling every day I don't understand why this was never mentioned - maybe the PO can explain that. Why would the Court go through the extra paperwork? Again, I don't know.

Several things could happen - she could be given her original sentence without probation; she could be given additional time plus the original sentence; she could be given a warning; she could be fined (again). Yes, she could end up in jail.

Unfortunately both sick and healthy people go to jail.

I'm interested in the original charge. If it was drug or alcohol related this “dirty” test is going to cause her a problem.

On another note why did she take the codeine cough syrup (didn't she tell her Physician she was on probation, being tested) and why did she take the Hydro? She had to know she'd test “dirty.” I understand pain and bad choices, but she's caused herself a lot of grief - which you already know.

I would like to add to what Judy said above. If this is a drug and/or alcohol violation, the fact that she has a prescription does not matter in that she is to avoid drugs and/or alcohol of all kinds, that includes prescription. It is her responsibility to inform her doctor of this so that this form of medication is not prescribed. There are plenty of non-narcotic relief medications on the market that would not have made her pop hot.

No, she never missed a court appearance. She never missed an appt. with her P.O. Her misdemeanor charge was theft, under $500.00.The old prescription was hers, and she was under the impression that as long as she had proof that it was her prescription it would be OK. No, she has NEVER had a drug charge.

No, prescription does not constitute permission to take a narcotic from the standpoint of the court.

I would like to add, as a nurse, that the prescription drug that she took that was over a year old, was very dangerous for her to take. Medications have expiration dates and can be ineffective or super-effective if taken past the expiration date. All medications are to be properly disposed of upon completion of treatment.