What will happen with my situation??
Criminal Defense Attorney
You need to hire a criminal defense attorney ASAP. The prosecutor could make a motion to revoke you probated sentence based on your violation. Get counsel to defend you now.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
There may not be any problem at all or there could be a violation but I would need to know more about your situation. Many courts expect that someone placed on probation will be "dirty" on their first drop. Where you on bond for a period of time? If you were, was there a condition of bond not to use illegal drugs? How long after you were placed on probation did you drop dirty? Maybe it's possible you used marijuana before you were sentenced?
I recommend you consult with an experienced probation violation attorney.
Mr. Loren Dickstein, Esq.
10.0 Rated Michigan Criminal Defense Attorney
LEWIS & DICKSTEIN, P.L.L.C.
2000 Town Center, Ste. 2350
Southfield, MI 48075
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Family Law Attorney
To properly answer this question, you might want to include more facts. First, are/ were you a regular marijuana user? If so it can take as many as 60 days before your system is clean of any marijuana (so it would not be uncommon for marijuana to be in your system if your drug test and your arrest were relatively close in time to one another). In addition, are you prescribed medical marijuana? if so, you may want to discuss this with the probation department.
Finally, I cannot tell you exactly what will happen with your situation without knowing more of the facts regarding your arrest and the terms of your probation. Was it a plea deal? Where was the sentencing court? Are you required to seek substance abuse treatment?
I would suggest you contact an attorney for clarification from the probation department.