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Can parolees be sent to rehab or violated because of false positives rapid drug screens when all lab tests come back clean?

Monroe, NY |

I am a college student about to graduate and I am on Ppst release Supervision. I have consistently tested positive for benzodiazepines with the rapid drug screens they give me at parole. Despite the fact that i am in an outpatient program and doing very well passing all drug tests, and depsite the fazct that further laboratory analysis of the rapid drug screen specimen comes back negative for all drugs, they are still demanding that I enter an inpatient rehab, which will severely compromise school. This is against the reccomendation of my outpatient program. Furthermore, they insist that i convicne the rehab that i am using drugs so that they will accept me, or else they will violate me. I am not using. What recourse do I have?

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Attorney answers 3


You need to have an attorney argue this case for you. You have limited rights as a parolee but an attorney can help!

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


It sounds like you would benefit from an in person consultation with an attorney.

Matisyahu Wolfberg
NY Criminal defense Attorney

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] I am licensed to practice law in the States of New York and New Jersey. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship. Please speak with a local attorney to discuss your potential legal issue


You absolutely need to get an experienced parole attorney to advise and represent you. You are running the risk of returning to state prison

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