Question
Can I be charged for a probation violation if I test positive for drugs when entering a court ordered inpatient rehab?
I am 18 and have been convicted of my first crime. I have a felony for sales of meth, and a misdemeanor for possession of meth. I served 7 days in county jail and then got granted supervised release to be transferred to 21 days in rehab. I am now on probation for 3 years and I filed with interstate compact to be transferred to Hawaii since I was arrested in San Diego while on vacation. I was court ordered to residential treatment so when I get to Hawaii I'll do a 90 day rehab program.LawQA.com Answer Library
Answered By: Law Office of Peter F. Goldscheider
Not using drugs is a condition of your probation undoubtedly so if you test positive it certainly would be vilolation of your probation.
Answer Applies to: California
Replied: 9/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Eric Sterkenburg
The terms of your probation include random testing. If at any time you test positive for drugs you will be violating your probation.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Jeff Yeh
Of course you can. In fact, I would be very surprised if you didn't get a PV. And as you very well know, PV may involve jail time in California. You better hire an attorney for the upcoming PV hearing. You may not have to appear in court.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of George Woodworth & Associates
Generally, yes. When you are ordered to do a rehab program you are on a special "no drugs with periodic testing program." You, of course, remain on probation with jail time hanging over your head if you violate any term of your probation. However, if you have entered a "drug Court" type program, then you may have a bit of leeway since it is believed that relapse is part of the whole progression of recovery. See an experienced Attorney there to get specific details about the program you're in and it's legal requirements.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Wallin & Klarich: A Law Corporation
In general if you have a condition of probation to use no drugs and you have a dirty test you can be violated.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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