i have been on probation for 13 months, for resisting arrest with violence. i was due for early term but didn't have the money to pay for my probation and i was saving up. on the 13th month i went to the office and saw the supervisor who drug tested me and i failed for marijuana. i had no previous record before the resisting arrest charge and was not sentenced to any drug tests or anything. i had been tsted frequently and passed all year. i failed and they let me go on the spot but am wondering if i will be allowed to stay on probation or is it likeyl to be revoked. i paid all my fees the week after i failed the test and have no broken any laws
Criminal Defense Attorney
The positive drug test will likely result in a violation of probation. Unfortunately, the courts will not focus on the 12 prior months in which you passed all your drug tests. They will focus on the failed drug test. www.dominickrusso.com
Well, you definitely will not get early termination on this probation now. Most likely, a violation is coming and an arrest warrant will be issued for you. You should regularly check the FDLE's website to see if one has been issued. The site is http://pas.fdle.state.fl.us/pas/person/displayWantedPersonsSearch.a . If a warrant has been issed, call a defense attorney so that you can attempt to avoid a unexpected arrest. The attorney could attempt to get you a bond pre-arrest or guide you through the process of a self-turn-in.
I don't practice in Ft. Lauderdale so I'm not familiar with the sentencing habits of the VOP judge there, but you could get reinstated with additional conditions or you could receive up to 5 years in prison. If your record is clean other than this case, I think you will have a good chance at reinstatement since this is your first violation.
It would appear that your probation officer will likely have a warrant issued for your arrest for a violation of probation. The facts you provided should go a long way towards convincing a judge to reinstate your probation, rather than sentence you to prison. However, incarceration is always a possibility for a VOP. I practice in Broward County, and I would be happy to discuss this further with you. Feel free to view my credentials on my Avvo profile, or on my website through the link below. Or I can be reached at 954-357-0569.
If this occurred in Broward, your best bet would be for an attorney to contact your Probation Officer to see whether a violation has been filed and a warrant signed by a Judge. A Judge may allow a surrender in court. Further, the State can be contacted to try to get a resolution to the violation before the warrant is even served.