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    aquaali22's Avatar
    aquaali22 Posts: 7, Reputation: 1
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    #1

    Jun 15, 2010, 04:44 PM
    Panicking over probation
    I was put on probation in 2008 for a felony charge for forgery. I have a struggled with drug addiction for many years and it finally caught up with me. I made an extremely stupid decision and forged a prescription given to me by my Dr.. Long story short, I got arrested and put on probation. Instead of being convicted and sentenced to jail time I received 'intervention in lieu of conviction'. My probation is 3 years, monthly check in's with my P.O. and also monthly drug tests. I have been clean throughout my probation, completed an intensive out patient program and go to meetings regularly. Today, I go to my monthly check in and my P.O. tells me that my last drug screen came back positive for marijuana. Here's the issue- I did not smoke any marijuana. I understand that he hears the same story all the time and that his job is to report any violations... whether it's real or not. There is nothing I can say that will really cause him to believe me. Why wasn't I given the chance to take another test at the time? I think that the test gave a false positive! How do I proceed when I wasn't even given the chance to prove my innocence? He presented me with the papers to appear in front of the judge next week in a probation violation hearing. He said that I could use the court appointed lawyer, which I will, and that from here on it's up to the judge. I am absolutely terrified and extremely livid. I have had good behavior my entire time on probation: no failed drug screens, go to meetings as I am instructed to, check in each month... why didn't I get a warning? What is most likely going to be the outcome?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jun 15, 2010, 05:35 PM

    The being put on probation is the warning, there are not warnings in probation. Probation is the warning in and of itself.


    If there is a warning, the judge will give it to you. Have you went and had independent tests.
    aquaali22's Avatar
    aquaali22 Posts: 7, Reputation: 1
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    #3

    Jun 15, 2010, 07:10 PM

    I sure hope he gives me a warning. I know I deserve that-I don't deserve to go to jail. I do get independent testing at my Dr.'s office at least once a month. I am on a medication called suboxone and in order to continue the treatment with the medication I have to be drug tested. I haven't been tested at my Dr.'s since the date I was tested at my P.O.'s office. Would it be appropriate to ask if to ask if they performed a confirmation test after the initial test came back positive?
    inluvinga's Avatar
    inluvinga Posts: 7, Reputation: 2
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    #4

    Jun 15, 2010, 09:04 PM

    Vitamin supplements can sometimes lead to a false positive on a drug test. Riboflavin, also known as B2 can return a false THC reading. Along with being part of most B complex vitamin supplements, the riboflavin is found in hempseed oil and also as a stand alone supplement. Many herbs that contain moderate to high amounts of B vitamins may also bring back a false positive when testing for drugs is taking place.

    You may want to check into what kinds of foods can alter your drug tests if your probation requires you to stay clean.

    What Could Cause a False Positive on a Drug Test?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Jun 16, 2010, 04:01 PM

    You could have a hair test done to prove you don't smoke pot but that can be expensive.
    aquaali22's Avatar
    aquaali22 Posts: 7, Reputation: 1
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    #6

    Jun 18, 2010, 10:00 AM
    Thanks everybody. I really hope that the judge gives me a chance to prove my innocence. I am unsure why my P.O. has taken the course he has considering the fact that I have had no prior record, or any other violations the past two years of my probation. I don't understand why P.O.'s generalize everyone who walks through their door. I know the law is not cusomized to each individual but I have done nothing but the next right thing. I have finally gotten my life together... if I get put in jail I will lose all that I have worked so hard for. I am so nervous it's making me sick.
    inneedofhelp29's Avatar
    inneedofhelp29 Posts: 4, Reputation: 1
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    #7

    Mar 8, 2011, 03:18 PM
    When you were on probation, did you ever test positive on drug tests because of the suboxone. Friend of mine takes suboxone that isn't prescribed to her and she starts taking UA's for her PO soon. Will she test positive for drugs on the UA? Just wondering, sounds like you've had experience.
    inneedofhelp29's Avatar
    inneedofhelp29 Posts: 4, Reputation: 1
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    #8

    Mar 8, 2011, 03:20 PM
    Comment on aquaali22's post
    Does the suboxone make your UA's for your PO test positive for other drugs like oxy's and stuff? I need to know if PO's test for suboxone in their UA's.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Mar 8, 2011, 04:42 PM
    Quote Originally Posted by inneedofhelp29 View Post
    ... Will she test positive for drugs on the UA? ...
    Please don't ask a new question on an old thread such as this. Start your own thread instead.

    But yes. "... Buprenorphine and norbuprenorphine, its major active metabolite, may be quantitated in blood or urine to monitor use or abuse, ..." Buprenorphine - Wikipedia, the free encyclopedia

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