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    nromero658's Avatar
    nromero658 Posts: 11, Reputation: 1
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    #1

    Jul 5, 2012, 02:46 PM
    First probation meeting drug test
    Can my probation officer violate me on my first meeting with her for a failed drug test? Or is it true they have to give at least 30 days after your sentencing date?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Jul 5, 2012, 02:58 PM
    Quote Originally Posted by nromero658 View Post
    Can my probation officer violate me on my first meeting with her for a failed drug test? Or is it true they have to give at least 30 days after your sentencing date?
    Of course they can can violate you. You aren't entitled to any get out a jail free cards on probation. If you failed a drug test its clear you didn't take the terms of your probation seriously.
    nromero658's Avatar
    nromero658 Posts: 11, Reputation: 1
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    #3

    Jul 6, 2012, 07:24 PM
    Yea buh I wasn't on p.o. long enough for my system to get clean from before I started probation
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #4

    Jul 6, 2012, 08:13 PM
    Quote Originally Posted by nromero658 View Post
    yea buh i wasnt on p.o. long enough for my system to get clean from before i started probation
    All they care about was you was dirty... and that's all they have to do. Your lawyer would have the burden of proving it was from the pre-arrest time.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jul 6, 2012, 10:00 PM
    Ok, this is how it works,

    How long was it from the time you got arrested, and trial set. If you stopped breaking the law then, guess you would not be dirty now. So what you are saying, that you think the PO thinks it is OK to break the law and use drugs just because you are not on probation yet.
    Try telling him that.

    Of course the PO can, and many will violate you on the first visit. Normally after a week in jail, at the new hearing they put you back on probation
    nromero658's Avatar
    nromero658 Posts: 11, Reputation: 1
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    #6

    Jul 7, 2012, 10:18 AM
    Okay well thanks...
    littlemermaid's Avatar
    littlemermaid Posts: 3, Reputation: 1
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    #7

    Jul 29, 2012, 07:54 AM
    I'm on probation in essex county nj for drug charges. The court specifically told me that if I fail my first drug test there will be no violation. If I fail a second time I will be fined an additional $800 & checked into a detox program. If I fail a third time it is then considered a violation.
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