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I failed a drug test for cocaine on house arrest but am not on probation. What are the consequences? This is my first time.

Frankfort, IN |

I am on probation for my 3rd OWI an have been on house arrest for over a year now and have less than 1 month to go. I am not on probation and upon my outdate I will have served my full sentence.

Attorney Answers 2

Posted

I would suspect the likelihood exists that you were put on house arrest/home detention under what is called a "direct commitment." Should this be the case, unlike a probation violation allegation where a court date would be set to determine whether a violation occured and what the appropriate punishment would be, a direct commitment is treated much diferently.

With a violation of direct commitment the person is transferred to the jail or prison facility to finish the "executed" sentence originally imposed by the sentencing judge. In other words, an original direct commitment sentence is in effect saying that you are serving the terms of your incarceration at home as opposed to a penal facility.

As a result, should a violation be determined by the applicable home detention/home detention agency, such a report is basically telling the sentencing judge that home detention is no longer willing to monitor based upon a violation of their rules leaving no option but to transfer the remainder of executed sentence to be served within applicable penal facility.

I hope that answer helps.

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Asker

Posted

Very helpful thank you so much. I assumed that this would be the case. Since there is no hearing will there be no chance to plead for work release other than requesting a modification which can take weeks in which case I will have already lost my job?

Posted

It depends on the terms of your sentence and house arrest. Although your sentence can't be extended, there may have been terms of your house arrest that if violated may lead to some other sanction. Of course, the judge can make you spend the last portion of your sentence in jail.

But I think the larger question for you is the fact that despite this being your third OWI, and despite being on house arrest for almost a year, and I assume going through drug treatment, you are still using. That doesn't bode well for you staying out of jail once your sentence is complete. What am I going to do to stay clean is the more important question.

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Asker

Posted

Very helpful Mr. Haskell, I appreciate your concern. I actually did receive treatment in Elletsville Indiana with a program called Saul To Paul, I'm not sure if you have heard of them but it is an excellent outreach christian program which some of your clients might share interest in. My alcoholism started in what I am assuming is 'our' alma mater by the way, Indiana class of 2010 i appreciate your response

Guy Henry Haskell

Guy Henry Haskell

Posted

Yes, our alma mater indeed. And alcoholism here is definitely our of control. Let me know if there is anything I can do to help.

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