QUESTION

If you fail a drug test for the first time on misdemeanor probation, do they arrest you on the spot?

Asked on Nov 27th, 2013 on Criminal Law - New York
More details to this question:
I have a friend on misdemeanor probation in Albany County, NY. If she fails a drug test the next time she goes to probation, will they arrest her on the spot? Or will they schedule a hearing or something? It would be her first fail.
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1 ANSWER

John J. Carney
The probation officer has the discretion to violate her or warn her. Do not use the "cleanse" products, they produce a gel in your urine that they can detect and will know you are trying to fool them and that is worse than admitting that you used drugs.
Answered on Dec 03rd, 2013 at 10:30 AM

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