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If I violate the terms of my supervised released while out on a DUI charge, will they give me another bond amount?

Bradenton, FL |

If I violate my terms will they give me another bond amount? Or keep me there until my DUI case is complete? I am waiting on my arraignment date at this time. It would be for the use of marijuana before the arrest and first drug test.

Attorney Answers 5

Posted

You might want to rephrase your question. It is a little cryptic and you're going to have a tough time getting straight information without providing straight forward facts.

When you say "supervised release" what do you mean? Are you referring to bond? Pre-trial release? Post-adjudication release? Probation? They are all different and, before answering I would like to know which (or perhaps there is another) best describes your situation.

Regardless, and in terms of a +++ urinalysis, technically this can violate any type / form of supervision, but, in the case of marijuana (and usually - not always but usually - with an admission of use) and on a 1st time screening which is contemporaneous with the time frame of when you were initially placed under supervision of any sort, almost (but not necessarily) all judges will allow a 30 grace period for the active ingredient, THC, to metabolize out of your system.

That said I'm gonna take a stab and ASSUME that you are on pre-trial release for a DUI awaiting Arraignment and, as a condition of your pre-trial release you were drug tested and came up +++ for marijuana. I am going to further ASSUME that your +++ screening was reasonably close to the tme that you were placed on pre-trial release. (NOTE: If this is not the case, and if anything that I have just ASSUMED is inaccurate, then please understand that what I am about to type may not be tailored to your case, although I still believe it to be sage advise regardless of your form of supervision.)

In this event it is likely that pre-trial services will notify the Court and cause the matter to be calendared for hearing before the Judge, perhaps even seeking to revoke your pre-trial release ad have you booked into the jail with an alternative bond. If this occurs then you will be best served by having first hired and then going to court with a competent criminal defense litigator who will be experienced and capable enough to explain to the Judge the scientific / metabolic aspects of your situation. Again, most judges are familiar with this truth (its a routine situation), but there are some who have a zero tolerance policy, and this is yet another reason that you should have a competent criminal defense lawyer working for you.

While Avvo (and similar sites) are wonderful sources of generic information it is critical to bear in mind that each case, and each Defendant, is /are different, and as every case is also a fluid experience, there is only so much that any lawyer can tell you about your case on-line; in short there is no substitute for an in person face-to-face consultation. Although I practice primarily in Miami-Dade County please feel free to contact my office for a referral or two, or you can search the Florida Association of Criminal Defense Lawyers website by locality (please see http://www.facdl.org/index.php/component/civicr... ).

Best of luck!

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Asker

Posted

I apologize for the confusing question. Yes it is pre-trial release, they arrested me, booked me, and at first appearance put me on Supervised Release instead of a bond like I wanted to do. I currently have a motion with the state attorney and the judge to put me on bond instead of Supervised Release due to my use of marijuana to control my migraine headaches. I have smoke it for this reason only for 20 years (age 45 now), with no criminal history involving drugs or anything else for that matter. This is my first and last DUI. My first appointment with the PO was yesterday, she was not there for me to explain this to her and the fill in told me to go take a urine test for drugs. When I arrived home later that day, I called my PO and left a message stating that I might test positive and the reason why. I have had no return call as of yet and I am scared I will be violated due to this fact. I have not smoked anything since my arrest but with the prolonged use of smoking daily, I will in fact come up positive.

Michael Adam Haber

Michael Adam Haber

Posted

The good news is that most judges will understand the chemical / metabolic issue; the bad news is that FL is not a "med mar" state. Do yourself a favor and hire a lawyer, and then let your lawyer advise you as to how and what you should say to your pre-trial release officer (not PO - in this context PO is generally probation officer). In the course of trying to help yourself you made an admission against your own interest. When it comes to the law, especially criminal law, honesty is not always the best policy (oftentimes the best policy is invoking the 5th or letting your lawyer speak for you - as your lawyer's words, regardless of whether they are good or bad, are not your words and cannot be either attributed to or used against you).

Asker

Posted

Thank you, I have hired an Attorney and he advised me to tell the officer the truth and be honest with her, so that is what I did. Now I am just waiting to see what happens. Thank you for your time and consideration.

Posted

If you violate your release by picking up another criminal charge, the court does not nned to give you another bond. However if your violation is for a positive marijuana test from before your bond you may have a defense. Talk to your attorney to give him/her more details.
Good luck,

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Posted

Generally yes they will give you another bond.

This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for informational purposes. The facts of each case are different and unique, it is critical to consult with qualified counsel with whom information can be shared and assessed under attorney-client privilege, so that competent and quality advice can be obtained on which you can make informed decisions

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Posted

Thank you very much, that is the answer I was looking for. I have hired an Attorney and he advised me to be honest with the officer.

Jonathan Hackworth

Jonathan Hackworth

Posted

The bond amount will generally be higher than what it was before, but you should get a bond amount. Good luck. Have a good weekend.

Asker

Posted

thank you so much!! you have most helpful.

Posted

Use of marijuana before you were placed on supervised release should not violate you. In Manatee County the Judge will typically set a bond for a violation of supervised release on a DUI charge.

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thank you very much!!!

Posted

Depends on a lot of factors like your record and who the judge is, but generally they will allow you a bond if you are arrested again while a charge is pending. Use of marijuana beforehand isn't a new charge though so I don;t think you have anything to worry about anyway other than the original dui charge.

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