QUESTION
Can I be charged for a probation violation if I test positive for drugs when entering a court ordered inpatient rehab?
Asked on Sep 03rd, 2011 on Criminal Law - California
More details to this question:
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.
4 ANSWERS
The terms of your probation include random testing. If at any time you test positive for drugs you will be violating your probation.
Answered on Sep 09th, 2011 at 7:43 PM
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.
Answered on Sep 09th, 2011 at 12:38 PM
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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.
Answered on Sep 09th, 2011 at 12:15 PM
In general if you have a condition of probation to use no drugs and you have a dirty test you can be violated.
Answered on Sep 09th, 2011 at 12:11 PM