Ok, so I'm on probation for being an idiot and deciding to try cocaine after a peer pressured me into it. I had only tried it once (did one line). I was caught by the police and arrested and I'm currently on probation. The court required that I submit to random drug testing and complete a substance abuse evaluation and/or treatment that coincides with the evaluation. I completed the evaluation, and the guy found that I had no drug or alcohol problem. He told me that I would not have to complete a substance abuse program, but today, I unfortunately received a notice saying that in fact I did have to complete the program.

Is it possible to get this reversed? It seems like a mistake on the part of the man evaluating me. My probation officer is out of the office right now, so I can't talk to him. I do NOT have a drug problem; this program would be a waste of my time and 140$.

If and when I talk to my PO how do I convince him this is a mistake?

Quote:

---

Originally Posted by jwatt88

Ok, so I'm on probation for being an idiot and deciding to try cocaine after a peer pressured me into it. I had only tried it once (did one line). I was caught by the police and arrested and I'm currently on probation. The court required that I submit to random drug testing and complete a substance abuse evaluation and/or treatment that coincides with the evaluation. I completed the evaluation, and the guy found that I had no drug or alcohol problem. He told me that I would not have to complete a substance abuse program, but today, I unfortunately received a notice saying that in fact I did have to complete the program.

Is it possible to get this reversed? It seems like a mistake on the part of the man evaluating me. My probation officer is out of the office right now, so I can't talk to him. I do NOT have a drug problem; this program would be a waste of my time and 140$.

If and when I talk to my PO how do I convince him this is a mistake?

---

If you were that vulnerable to peer pressure you probably should complete the program before someone else talks you into trying something.

That being said explain to your PO the same way you've explained here. If the evaluation and/or treatment is part of the probation (and it appears it is) it's totally under the control of your PO.

If this is what was ordered by the judge - then you should "waste" the $140 and just do the program. Explaining to PO's is all well and good, but if the judge is the one who ordered the program - then do what the judge wants you to do and THEN continue on with your life. What's $140 to get rid of the problem without the hassle? Who knows, you just might learn something there as well and consider it time well spent. Sometimes you just make the PO dept upset when you think you know more than they do. Just because some guy at the evaluation said you don't need it - is he your judge that sentenced you to this? No.

Its funny, but "they" say that you have a drug abuse problem if your using has effected one or more areas of your life.
Just you getting caught classifies as effecting an area of your life, which would technically make you an "Addict"..

As for your question, talk to your lawyer about making a motion for modification of terms of probation. Get in writing (if possible) the reports saying a professional in the field said you don't have a problem, and didn't recommend the program. With that, you may be able to persuade a judge to alter the terms or your probation.

However, I would highly recommend that you take the $140 and invest it into making both your po and the judge happy people. By attending the class, it will both show that you realize that you made a mistake, as well as help you better understand ho drugs can really reak havik on your life. It wasn't until I went to a rehab and heard all of the stories that I said, "wow, im done doin durgs, i can do something with my life if i stop now".

Plus, an outpatient rehab program isn't bad. You meet some interesting people, and spend a lot of time just shooting the breeze. A few hours a week isn't going to kill you.

Quote:

---

Originally Posted by jwatt88

If and when I talk to my PO how do I convince him this is a mistake?

---

Hello watt:

You don't, and it isn't a mistake.

You're looking at it from YOUR point of view. YOUR point of view doesn't matter here. It's THEIR point of view that matters, and from THEIR point of view, it isn't a mistake. They can even prove it's not a mistake too, because you were convicted of a drug crime, and you admitted doing the drug.

Clearly, you are a narcotics addict who will say or do anything to get out of everything. They're going to be watching their purses when you're in the room, too. Do THEY believe you did only one line and got busted?? Of course not. I don't believe it either. But, that's not the point. THEY don't believe it - and THEY never will.

So, even if it IS REALLY a mistake, it's a bigger mistake to tell the PO he made a mistake.

excon

Yes, Did you get a written report from the person who did the eval. If so, you can hire an attorney, go back to court to have the sentence admended. The PO will enforce what the court ordered, nothing less.
So of course it is cheaper to do the program than to hire an attorney and go back to court

And of course if you go and tell the PO that the PO is wrong, you don't know what having a hard time can be all about