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    Twitchy07's Avatar
    Twitchy07 Posts: 3, Reputation: 1
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    #1

    Jun 2, 2010, 08:18 AM
    Jail time over first dirty urine
    OK so here's the jist of it, I had a hearing may 4th I signed a plea for 6months probation and a fine. The judge said I had until the 7th to call and set up probation which I live 3hrs away from. Being stupid I guess. I smoked on may 6th for the last time and told myself that was it. Im done. I called probation the next day and he said I had to come down and set probation up and do paperwork. He said if I come up hot for pot I'm going to jail. Or on some BS about being in jail until my papers clear for the county I'm in. Im FREAKING THE FREAK OUT! I go for probation 2mrw. June 3rd. That's 28days to the day that I've been clean but I don't think I gave myself enough time to get completely clean. Can they really put me in jail for my VERY FIRST dirty urine upon setting up probation? PLEASE HELP!
    Romefalls19's Avatar
    Romefalls19 Posts: 4,739, Reputation: 1130
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    #2

    Jun 2, 2010, 08:32 AM

    I know in my state(NJ) they can because you violated the court agreement of probation. I know this because I had a friend who did the same thing. Caught a plea deal, thought he was fine, smoked the next day and then when all the paperwork needed to be filed, he tested positive. The judge then vacated the plea deal and sentenced him to 60 days in jail.
    Twitchy07's Avatar
    Twitchy07 Posts: 3, Reputation: 1
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    #3

    Jun 2, 2010, 08:37 AM
    Omfg!!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jun 2, 2010, 08:45 AM
    Quote Originally Posted by Twitchy07 View Post
    Can they really put me in jail for my VERY FIRST dirty urine upon setting up probation?
    Hello T:

    That isn't the right question to ask. The question to ask, is how do I DEFEND myself against them doing that, because they absolutely ARE going to TRY to do that...

    In the first place, I think 28 days is cool. If not, your defense should be that you smoked BEFORE you were convicted (when you weren't on probation), and stopped immediately when you were put on probation. They can't prove otherwise. That doesn't mean they HAVE to prove otherwise in order to violate you, but you can't lay down for them.

    Finally, even if they DO violate you for smoking pot, I don't think they'll put you in jail. If you live in Texas, or Oklahoma or Alabama, or a backwards state like those, they certainly MIGHT put you in the slam for smoking dope... That doesn't make it right.

    excon
    hprior's Avatar
    hprior Posts: 4, Reputation: 1
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    #5

    Jun 14, 2012, 06:01 PM
    Quote Originally Posted by Twitchy07 View Post
    Ok so here's the jist of it, I had a hearing may 4th I signed a plea for six months probation and a fine. The judge said I had until the 7th to call and set up probation which I live 3hrs away from. Being stupid I guess. I smoked on may 6th for the last time and told myself that was it. I'm done. I called probation the next day and he said I had to come down and set probation up and do paperwork. He said if I come up hot for pot I'm going to jail. Or on some BS about being in jail until my papers clear for the county I'm in. I'm FREAKING THE FREAK OUT! I go for probation 2mrw. June 3rd. That's 28days to the day that I've been clean but I don't think I gave myself enough time to get completely clean. Can they really put me in jail for my VERY FIRST dirty urine upon setting up probation? PLEASE HELP!

    Its completely up to the parole board, your more then likely going to come up dirty, sorry just experience from my partner, being first dirty its fifty fifty they will give you a chance or you will be imprisoned for 4-6 weeks if you have a history of it you may even serve more times like a few monthes but that's worse case situation
    Hope this helped you
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