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Failed first drug test of probation at the first meeting of probation?

Discussions relating to Drug Laws

Failed first drug test of probation at the first meeting of probation?

Postby aenedleah10 » Fri Dec 16, 2011 6:56 am

Okay, I live in Nebraska - so for anyone who knows the specific state laws.

I am on probation for a DUI, but there was about a month between my court date and my first probation meeting, and when I went to my first meeting I did my drug test and came back positive for cocaine, although I hadn't done any - I asked him to send it in to the lab to be tested again, and I will find out January 18th at my next meeting what the result is.

Here's my question - The terms of my probation state that if I violate it, I have to serve 63 days in jail next December when I go to my show/cause hearing, but I have heard from some people that the first drug test doesn't really matter and also that I wasn't technically "on" probation because I hadn't had my first meeting yet, but I was told by other people that probation starts as soon as the judge says you are when you go to court. So, I'm confused and very worried.

If I DO violate probation, will they still wait until December at my next hearing to send me back to jail or will it be right away? And is there anything I can do to fix the situation or what will happen?

Any advice would be appreciated! But if you're going to say something stupid, please save your breath - It's not funny to me. Thanks.
aenedleah10
 
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Failed first drug test of probation at the first meeting of probation?

Postby sayre » Fri Dec 16, 2011 6:59 am

Okay, I live in Nebraska - so for anyone who knows the specific state laws.

I am on probation for a DUI, but there was about a month between my court date and my first probation meeting, and when I went to my first meeting I did my drug test and came back positive for cocaine, although I hadn't done any - I asked him to send it in to the lab to be tested again, and I will find out January 18th at my next meeting what the result is.

Here's my question - The terms of my probation state that if I violate it, I have to serve 63 days in jail next December when I go to my show/cause hearing, but I have heard from some people that the first drug test doesn't really matter and also that I wasn't technically "on" probation because I hadn't had my first meeting yet, but I was told by other people that probation starts as soon as the judge says you are when you go to court. So, I'm confused and very worried.

If I DO violate probation, will they still wait until December at my next hearing to send me back to jail or will it be right away? And is there anything I can do to fix the situation or what will happen?

Any advice would be appreciated! But if you're going to say something stupid, please save your breath - It's not funny to me. Thanks.
The majority of drugs clear out of urine and blood in under 30 days. If you did not use illegal drugs, then obtain a real drug test. Unfortunately, the state is known for doing ultra-cheap testing rather than a gas spectromer drug test. They test for indicators rather than the actual substance. Thus, they get a lot of false positives!

In any event, you were likely technically "on" the moment the judge entered the order. Even so, you can't violate until you are "on" probation (subject to a court order to refrain from doing something). Thus, the officer might not violate you simply because you are too close to the realm scientific possibility. In other words, they have to prove you violated. If there is any scientific support for the contrary position, they lose.
sayre
 
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Joined: Thu Mar 31, 2011 9:14 pm


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