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    bearsfan's Avatar
    bearsfan Posts: 2, Reputation: 1
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    #1

    Dec 27, 2006, 08:45 AM
    Probation Violation Question
    My son was 10 months into a 2 year probation and came up hot on a drug test for marijuana, the probation officer said she wanted to take a second test to see if levels have dropped, which she did 6-7 days later.

    She initially told him the results were the same. He swore he hadn't smoked after the first test so I had him go take another test 10 days after the second one which came back negative.

    She sent him back to drug counseling and IS sending him back to court, and I am wondering what he is looking at, if there are different penalities for different types of probation violations etc. Also my strategy for court is to have him do the counseling, pay off original fines, and take a voluntary drug test every month. Are any of these things that may help or any tips would be appreciated.

    Thanks
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Dec 27, 2006, 09:02 AM
    Quote Originally Posted by bearsfan
    my strategy for court is to have him do the counseling, pay off original fines, and take a voluntary drug test every month. Are any of these things that may help or any tips would be appreciated.Thanks
    Hello bearsfan:

    Tal will be along in a minute. He loves "da bears".

    So, you want some tips. Ok, I got some. First off, if this is his first dirty ua, then he'll probably skate - especially if he's attending his drug program, and has a clean ua right before his hearing.

    Your strategy?? It's good that you're taking an interest in your son's life. Just don't go overboard. What I mean by that is, I wouldn't suggest ANY sanction to the court. I suspect that your advancement of the idea would be to pre-empt them, and thereby look good to the judge. It's a great idea. I just don't think it's going to work.

    In the first place, they'll have their own sanctions in mind, and it may not be as bad as the ones you suggest. No, let them do their thing. Your thing is to keep him on track.

    You had him get another test? Where? A private testing lab? The PO isn't going to buy ANY results from ANY lab that isn't theirs. I don't think you'll make any friends (or do your son any good), by showing them that their tests are faulty.

    If you want a good strategy, hire a lawyer for him. In the absence of that, keep HIM on track, and let the court do what it's going to do.

    excon

    PS> If, after this is over, he needs a new PO, I'll tell you how to do that.
    bearsfan's Avatar
    bearsfan Posts: 2, Reputation: 1
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    #3

    Dec 27, 2006, 09:13 AM
    Thanks excon

    On the test... I initially had him call her to see if he could take another one, she wouldn't return calls, he took one at the place the next county court system uses, and as you suggested she discounted it this morning, how does she know it was him, didn't have a jar of someone else's piss etc...

    Gotcha on not suggesting sanctions, and I do have a lawyer that's good, and knows the players in the county court system etc.

    Thanks for the response

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