I got arrested on December 17 for 2 counts of third degree felony possession of controlled substance (hydrocodone and amphetamine). This was the first time I've ever gotten arrested or been in any kind of trouble with the law at all. I'm a 23 y/o female. Well I went to court the next morning while arrested and the judge released me on community supervision. They drug tested me randomly once a month for 6 months and one of the months they tested me twice. I passed every single drug test and then court came and my sentence was 12 months felony probation with a chance of early term in 6 months and also sentenced to do a substance abuse evaluation. Adjudification withheld.

So December will be 6 months on felony probation and my officer drug tested me today at my 5th appointment for the second time (3rd month she tested me and I passed) and it came up positive for cocaine. She said "so since u deny doing it I have to send it to the lab and it will take about two weeks for the results to come back and if they come back positive then I have to send a violation to the judge". So they're going to come back positive and then what is going to happen to me? I set up an appoinment with my lawyer for Tuesday but he scared me to death today and all he told me was that my judge frowns big time on violations and that I'm more than likely going to prison because I failed a drug test on felony drug probation. What's going to happen when my results come back positive from the lab in 2 weeks and my po sends out the violation? I've never been in trouble and that one night in jail was the only time and I thought it would be the last. I'm terrified to go to prison someone please help me I'm freaking out. How can they send me to prison for my first violation ever? My lawyer said I can get up to 5 years and said come in so we can figure this out and my gpa paid $10,000.00 for these guys and I'm just going to go to prison after my first failed drug test? Someone had told me in the beginning they let you get away with at leAst one but my lawyer said there's no way they're just going to overlook it! Someone else told me I'm definitely going to jail for prob 4-6 weeks until court that they'll arrest me at my next appointment on dec 1st when I report again (if they don't try to get me before then) and that I should elude them so I'm not in jail for Xmas, new years and my birthday (Jan 13) I don't know what to but I'm highly stressed and terrified. What do I do :(

Once you violate on a dirty drug test there is no going back. Who told you the baloney about them "forgetting one dirty test?" There is no such thing, sorry.

Right now you were given a second chance with probation and you messed up big time. Third degree felony and having to do only one year probation was a huge break on the judge's part to you. Apparently you did not realize it at the time and hopefully now do.

It is irrelevant how much money was paid to the attorney prior to your conviction as now this has moved into the post conviction scenerio where the attorney is telling you what can and probably will happen to you. Your attorney got you a terrific deal but now that part is over with.

What you need to do is get out your sentencing paperwork and read for yourself what the Judge says about probation violation in your particular case and what he proposes to punish you with (time wise that is) should you come before him for a probation violation. Your attorney may be right about the 5 years if indeed the judge said that magic figure. You broke the rules and now you will have to pay the piper.

And as far as eluding them so you don't have to be in jail for Xmas is pure immature thinking on your part and your birthday as well.

They may not wait until your next appointment to arrest you but just come to your work or home and collect you there.

You must grow up and treat this as an adult would. Prison or jail is not fun and you will have plenty of time to get your head together and do something for yourself while in prison. Prison has changed a lot of people for the better.

Hello T:

I'd tell your grandpa to GET HIS MONEY back. Who needs to be scared by your OWN lawyer?? Is he THAT fearful of his own incompetence? He doesn't think he can do anything for you and you'll get the MAX??

Really. I'd fire him...

Now, he's right in that you COULD get the maximum and there's no guarantee you won't... But, a first time dirty UA should result in no MORE than 30 days in jail. That ain't good, but you'll live through it.

Really, FIRE that bum.

excon

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Originally Posted by Terrified1434

... Someone else told me ... that I should elude them so I'm not in jail for Xmas, new years and my birthday (Jan 13) idk what to but I'm highly stressed and terrified. What do I do :(

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Let me tell you what not to do: do not listen to these "someone" people who give you advice - unless they are your lawyers.

I will generally agree with most of the above, who ever told you not to worry about one failed test, perhaps if it was pot and the charge you were on, had nothing to do with pot, and it was a low level, they may let it "slide" but no, I will agree most likely 30 to 90 days in jail But you could go to prison and go for up the entire probation time given

Thanks for all of your replies. I am realizing I do need to be an adult about this. Here's a crazy scenario: my 19 year old brother is saying that he laced his cigarettes with cocaine and I unknowingly smoked them. Will this work for me? I see my lawyer on Tuesday and my appointment was on Friday. Is there any way we could bring this to my officers attention and she won't send the violation?

Also forget to mention that I am in brevard county Florida and the 2 counts of third degree felonies I have is 5 years prison time EACH in the state of FL. My judge will be Dugan or Earp.

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Originally Posted by Terrified1434

Here's a crazy scenario: my 19 year old brother is saying that he laced his cigarettes with cocaine and I unknowingly smoked them. Will this work for me?

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Hello again, T:

No, it won't work.

Even if they bought the dog ate my homework story you're cooking up, they don't care WHY you're dirty. They only care that you are. Your lawyer certainly can plead with your PO not to file the violation. I think he SHOULD. But, if you want your PO's help, you got to stay away from the cock and bull stories.

excon

I really am not a druggie how could it not work if it's the truth? They really don't care or does every one try to do this type of stuff?

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Originally Posted by Terrified1434

I really am not a druggie how could it not work if it's the truth? They really don't care or does every one try to do this type of stuff?

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Hello again T:

To give them their due, I don't think any of them WANT to throw an innocent person in jail... But, you've got TWO strikes against you... Number 1, you're a felon, and number 2, EVERYBODY has a dog ate my homework story. So even if number 1 wasn't enough to convince them, number 2 clinched it.

excon

Terrified - have you gone back and re-read your original final sentencing paperwork to see what consequences you face when you violate probation?

You need to remember that a third degree felony is very serious and there is no way to convince a judge that a dirty drug test is contestable with a dumb story like my brother gave me the cocaine in a cigarette (even if true). You may end up making the judge mad by telling that tale, even if it is true. And Florida is now starting to really crack down on drug crimes. I was a paralegal at several criminal law firms in Broward County for many years and after a judge cuts someone a break the first time around, chances are slim to none you will get a break the second time around. You may end up serving more time for something stupid (even if it is true). Drugs are drugs regardless of what they are and you failed the test. That's all the judge needs to know.

Now your adjudication withheld will be thrown out the window once you are violated. You only have your brother to thank for that.

Your original attorney may be able to get the time you need to serve reduced, but not eliminated. He does know how the Judge in that County operates so I'd stick with him.

You are in the middle of party central in South Florida and lately the judges there are tired of dealing with drug related crimes and are giving people jail time. If this is an election year in your county your particular judge may need more convictions to get reelected this year.

The same judge who originally sentenced you will be the judge you appear before for your violation hearing.

While I normally always say to tell the truth in court, I will agree with twinke on this one, if you try and tell the judge that story, it will make it sound like you are not taking responibility and lying and my bet is he will be for worst on you, since he will see it as a lie. Remember you are going in to court a convicted felon of serious crime, not a choir boy and don't expect the judge to be nice and kind even to start with.

Also I will add to twinke that you are starting into an election year, and the DA are going to need people to convict to show they are getting tough on crime,

This is what we are going to do.. My brother and I are going to go get a notarized statement. He just got out of rehab and tested positive for cocaine. He left his pack of cigarettes with me when he went into rehab and told me to put them up for him. Well I don't have any money so I smoked his cigarettes. We are going to my probation officer tomorrow to tell her this and isn't there a chance she won't send the violation to the judge?

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Originally Posted by Terrified1434

We are going to my probation officer tomorrow to tell her this and isn't there a chance she won't send the violation to the judge?

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Hello T:

I'm not going to change my mind. Even IF it's true, it's SOOO off the wall that the PO surly won't believe it, and will probably be insulted that you'd think he would. In my view, you'd have a BETTER chance of it NOT being referred to the judge if you just walked in with your head down full of contrition...

But, I already said that.

excon

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Originally Posted by Terrified1434

This is what we are going to do.. My brother and I are going to go get a notarized statement. He just got out of rehab and tested positive for cocaine. He left his pack of cigarettes with me when he went into rehab and told me to put them up for him. Well I don't have any money so I smoked his cigarettes. We are going to my probation officer tomorrow to tell her this and isn't there a chance she won't send the violation to the judge?

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From the PO's earlier statement about you failing the drug test, I would not even attempt trying this silly story on her as she will be either amused and then violate you or annoyed and then violate you. She is supposed to do her duty as she could lose her job if she did not violate you for a dirty test as her supervisor probably already knows about the matter and is waiting for the test results to come back as well. You need to remember the PO has superiors to answer to and the paperwork may already be done up in anticipation of the results coming back and the supervisor would be suspicious if it was suddenly dropped.

I know this is an old post, but I've just got to chime in here. I've known plenty of people in the same spot as this person, and for a first time offender there's no way there's jailtime for this. The judge will just extend the probation, no doubt about it. Boy did this girl come to the wrong place for advice, you all are nuts.