Ask Me Help Desk - Violation of Probation 2nd time

I was charged with a DWI and was sentenced to 18 months probation. I was tested the first time and I was dirty. Then my P.Officer made me go two a marijuana education class and assist NA meetings twice a week and write about my experience there and how it was helping me cope with my recovery. I had been going to go to these for 2 months until she tested me again and I came out clean. Well anyway... right after that month I was tested again and I came out dirty for THC and cocaine. Which she was unsure it was cocaine because it was so light. Now I don't know what my charges are going to be. SHe mentioned something about getting arrested and going to court... probably get my probation revoked. I'm a really polite person and well mannered. I am up to date with all my payments and I even have extra moned credited to my account. I'm really afraid to go to jail :( . Does anybody know what can happen?? Has anybody ever had this experience? Your advice will be helpful

What can happen is that they revoke the probation and put you in prison to serve out your sentence.

Hi
Froggy 7 is right but if you were here in Aussie you would have been in gaol by now... its obvious from what you have written that your Parole Officer has tried to really help you but you have seen differently or your addiction is stronger than your will power

When you flunk a drug test and come up dirty your probation officer will more than likely violate your probation. It really does not matter to them if you are polite, nice, clean, well mannered, paid up, etc. What matters to them is that you have ceased doing drugs. You will have a formal probation violation hearing. At that hearing the judge will decide what your punishment will be. You can probably look at your original sentencing paperwork and see what your jail time would have been in lieu of probation. The judge may/will sentence you to that time. You already had one "free ride" when you came up dirty. Chances of another "free ride" are rather slim. Sorry.

Yes, on your first it is not unsual * but most will not but some still do**to be dirty, since most people have not learned a lesson yet. What going to the classes did was suppose to make you stop using. It is obvious that after the classes you did some drugs, and even in your writing you did not deny using drugs, in fact you did not even deny using coke, so was the positive test proof or was it a false test for that?

So what it shows is that you are nice to the PO, and the PO will now believe it is all a act to merely try and get on their good side. It also shows you are not following the rules of your probation and you would prefer to go to jail or prison thanfollow the fules. So the PO will write a letter to the court asking you be arrested for the violation and taken in for a hearing to see if you should go to jail or prison for not following the rules. I have to ask, what did you think would happen if you did not do what you were told to do?

Quote:

Originally Posted by kari05

I was charged with a DWI and was sentenced to 18 months probation. I was tested the first time and I was dirty. Then my P.Officer made me go two a marijuana education class and assist NA meetings twice a week and write about my experience there and how it was helping me cope with my recovery. I had been going to go to these for 2 months until she tested me again and I came out clean. Well anyway....right after that month I was tested again and I came out dirty for THC and cocaine. Which she was unsure it was cocaine because it was so light. Now i dont know what my charges are gonna be. SHe mentioned something about getting arrested and going to court ....probably get my probation revoked. I'm a really polite person and well mannered. I am up to date with all my payments and I even have extra moned credited to my account. I'm really afraid to go to jail :( . Does anybody know what can happen???? Has anybody ever had this experience? Your advice will be helpful

No of the rest of this matters - you being really polite and well mannered, up to date with payments, having extra money - it's the drug test that it's all going to come down to.

If you couldn't stay clean on probation and the classes didn't work the Court very well may decide that jail might clean you up - I wouldn't be the least bit surprised.

You have one arrest, a violation, classes, a violation - I think you're out of chances.