her urine was dirty from cocaine, but its her first time since she been on probation getting caught with dirty urine. so how much time can she do because she has kids and she wanted to move to another state so she can get help with her addiction.
The amount of time a probationer spends in jail after a dirty screen depends on a lot of things. The PO will make a recommendation to the judge. The probationer's attorney, however, can argue for something less. Additionally, a big factor is how long it takes the probationer to get in front of the judge. An attorney working for her may be able to speed this up greatly. Bottom line - she needs an attorney working for her ASAP. Please let me know if I can be of assistance. I would be happy to help. These types of things don't have to be too expensive.
M. Jason Rhoades
Criminal Defense Attorney
Technical violations of probation can result in the revocation of up to 2 years or the balance of probation, which ever is less. Not paying and not reporting are technical violations. A dirty screen is a technical violation but I have seen some judges make passing urine screens a special condition of probation and I have seen some DA's try to prosecute dirty urine as a felony possession of the drug. If the PO follows that course, then a violation of a special condition or a new felony can result in up to the entire balance of probation (even if more than 2 years) being revoked. This person needs to have an attorney. Attorneys can often work out something much less severe, especially if there is an optio for treatment.