Do you go to jail if you fail a drug test for the PreTrial Intervention Program?

Asked about 4 years ago - Florida

I took the first drug test and I passed it but my p.o tested me again and i didnt pass it. What's the possiblity that I might be facing jail time. I got charged with battery on a security officer(which was a felony) tresspassing(misdemenor), and resisting arrest without vilonce(misdemenor). I've been doing my community services hours and been attending some of the angermanent classes..NEED ADVICE PLEASE

Attorney answers (3)

  1. John Patrick Guidry II

    Contributor Level 15

    Answered . There are several different diversion programs, some are run by the State Attorney's office, some are run by the court system. Your answer depends upon who's running your diversion and their rules. Pretrial Intervention Programs are sometimes run by the court, and Florida Statutes allow PTI for drug related problems. It is by the grace of the court that you enter such programs, and the court will not revoke you from a "drug related" program for only one positive drug test.

    However, some Pretrial Intervention programs are known as "diversion", and diversion programs are run by the State Attorney's office. Each State Attorney's office decides the rules and procedures for it's diversion program. Some programs will kick you out for a positive drug test, just as though your on probation and violate your probation with a positive drug test (some State diversion programs are coordinated thru local probation offices).

    Either way, you're not going to jail.

    Good Luck,

  2. Stephen Andrew Mosca

    Pro

    Contributor Level 17

    Answered . Probably not. But let that be your last screw up. Pre-trial diversion for those charges is a gift, don't toss it away. Attend all the classes, do all the community service, and pass all the rest of the tests. Even though your charges are not drug related, at least not directly, your failing the test is evidence of criminal activity while on the program as well as violating the contract. Another lapse will be solid evidence that you are not a good candidate for the program and at that time you may be back in court facing possible jail time as well as a potential adjudication for a crime or two. Get through the program - it's definitely the best way to go.

  3. Theodore W. Robinson

    Contributor Level 20

    Answered . Generally, they don't put you in jail because you failed your first or second drug test. The idea is they want you to commit to healing your drug habit and they know it sometimes takes time to do it and you're not going to be drug free immediately.

    So, do all they want you to do and follow their requirements and you'll probably do fine in the longer run.

    Good luck.

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