Here is my record: 2 thefts on my Underage record, one theft and one minor in possession of alcohol. I had a Diversion for the MIP, and I am done with that. Now I am on probation for theft--a class D felony. And needless to say, I stole a 4 DOLLAR PIZZA and I got 2 years of probation. I have completed 6 months of probation. I have NEVER been in trouble for drugs before, but After 6 months of probation they drug tested me for the first time and I'm 99% sure I failed. Well I took a 10 mg valium on 01/24/10 and one on 01/27/10. My drug test was on 02/03/10. Exactly 7 days away. Well I took an at home drug test and I tested positive for Benzos(valiums). So I am sure I failed their lab test. I only took the valiums because I have been having severe anxiety issues. And I even started seeing a counselor 2 weeks ago. I have been to the ER about 25 times within the past 4 months. That's how bad my anxiety is, I know it's not an excuse to take the valiums but maybe my probation officer will understand. There will only be a SMALL amount in my system of the valiums. But I thought about bringing copies of my ER visits and my counseling visits and doctor visits. Maybe once she sees that I have started counseling for my anxiety then maybe she will give me a chance because I am trying to make my anxiety better. This would be my first Probation violation(if she files one) I start school this fall and I don't want this to ruin everything. I made one SMALL mistake :( I am soooo scared! What do you guys think will happen? I have an attorney just in case and I have about 2 grand saved back. I am willing to take weekly drug tests, even do the sleep time. Should I tell her that? Thanks so much!

First what did you do to get a "FELONY" conviction, since stealing a 4 dollar pizza is a not a felony but a misdemeanor unless you did it with a weapon.

And I will assume the drugs you took, you did not have a prescription for??

But a lot depends on the PO, they can do all sorts of things,
1. just warn you and keep eye on you closer
2. pick you up and hold you in jail till a hearing, and the judge warn you and put you back on probation
3. pick you up, hold you in jail till a hearing and make you serve a few months
4. pick you up, and make you serve your entire probation time in jail

There is really no way to tell what is going to happen, it is up to the judge completely, and recommendations of the PO

There is a new law in Indiana that theft is a felony no matter the price. All I did was steal a 4 dollar pizza from Kroger. I do have the nicest Probation officer in my city, luckily. And She knows that I work all the time and I am starting school this fall.

I have been trying to call her and explain everything. I DO have severe anxiety issues and my counselor can vouch for that. I know, it's not an excuse but I started counseling for my anxiety so she will see that I am trying to make it better.

There really shouldn't be much in my system at all! Just small traces. This is the first time I have ever even used Valium! But I do have prescriptions for anxiety meds, Celexa and Buspar. I have been diagnosed with anxiety for 2 years now. I also have a 2 year old daughter and I am starting school this fall.

Should I call my probation officer and explain my anxiety condition and bring in paperwork from my ER visits, counselor and my doctor? I hope nothing bad happens out of this. I have already learned my lesson and will never do it again. I have actually been losing sleep over this :(

Always be honest with your PO - because you have custody of a two year old, go with the Attorney and do not attempt to resolve this by yourself.

Whether it's just a trace or more than that, it appears you had a controlled substance in your system without a valid prescription and that, of course, is going to cause problems.

Have your Attorney handle this.

Well I do not have an attorney right at this moment but I have contacted one and talked to her about my case. I just got tested last Wednesday so they do not have the results of the drug test yet. So as of now, there isn't a probation violation. But I am sure that I am going to fail. I thought about calling my probation officer and talking to her.. but I didn't know if that would be a good idea. I want to talk to her before she gets the drug test results so maybe I can talk her out of filing a probation violation. I just looked at my court papers, and I have actually completed 8 months of probation. I still have a year and 4 months left though. I haven't been arrested since Dec of 2008. I have never been in trouble for drugs and I talked to a few people that I know have been in trouble in my county, and they said they've violated 3 times w/ previous drug convictions. They said their first violation they got 15 days in jail and 1005 bond. So I am hoping it won't even get to that, but unlike them, my story is different. I have full custody of my 2 year old daughter, and I do have SERIOUS anxiety issues that I am just now getting taken care of with counselig. At my next counseling appt she is setting me up with a psychiatrist. So maybe once she sees I am getting help with my anxiety she will give me a second chance? What do you think? I have the nicest Probation officer in my county.

Your "nice" PO has nothing to do with this - she is required to report a probation violation. The Court decides what happens next, not your PO.

You also now say you don't have an Attorney but earlier you said, "I have an attorney just in case ...". Which is it? Again - you need to protect the custody issue of your daughter and you need to be proactive. An Attorney is the person to help you through this, someone in your area, familiar with your Courts.

I see the issue being where you got the valium if it is not prescribed for you as well as why you took it when you have a 2-year old in your care and know you are on probation.

Agreed it's not like you are snorting heroin BUT you still took a prescription drug without a prescription while on probation. Anxiety or no anxiety, you could be in trouble.

RETAIN AN ATTORNEY.

Well my daughters dad has her almost half the time too. But we haven't went to court for 50/50 custody so currently I have full custody. I don't have an attorney but I called one and talked to her and saw how much she would charge me, So if I DO need one, I will have one.

Do you think that I could go to my doctor and see if maybe I could get valiums? Because my mom also gets valiums and My doctor could prescribe it to me. Would they actually check WHEN I got the prescription? Or could I just take the bottle in with me and show them? My counselor is prescribing me a different medication in a week and a half.

I know about 6 people around here that have violated probation numerous times. I know this kid and he told me he violated 3 times. Also his dad was on probation for 3 different felonies and he violated 3 times. His dad got 15 days in jail the first time, and 1005 bond. AND he had the SAME probation officer as me and he violated 3 times! I can't imagine I would get much worse. I would hope not at least.

You are wasting my time and the time of anyone trying to help you. I would spend less time trying to fool the Court system or get around the Court system (by attempting to get a prescription for valium and using that new prescription in an attempt to get around taking it when it was not prescribed for you) and more time attempting to get your life straightened out.

NO ONE HERE IS GOING TO ASSIST YOU IN BREAKING THE LAW OR LYING TO YOUR PO OR THE COURT.

If everyone you know has violated 3 times and walked away, then I don't know why you are asking for help here - you apparently already know the answer. You believe you are also going to walk away. If most of the people you know are convicted felons who have also violated I would recommend finding new friends.

Again - this is frustrating and pointless. You have been given legal advice and yet you continue to come back with the same arguments.

Retain an Attorney or you could very well lose custody of your child.

I'd wait and see what the results bring. No sense is telling to PO something that may not be an issue. If it becomes a problem, then contact an attorney and your po. You're working yourself up about something that has not happened yet.

I am sure this has long resolved, I would be curious what happened. I would advise the OP if she wants to have a chance at a life and to retain custody of her daughter to stop breaking the law. Yes, you have anxiety, so? That doesn't give you a free pass on the laws of your jurisdiction. If you need meds for anxiety talk to your MD and get some.

Blaming the anxiety is your excuse for your bad choices, everyone in prison has an excuse for their choice to commit the crime that landed them there... as the old saying goes: " if you can't do the time, don't do the crime"!