If you pass your drug test can your probation officer violate your probation and take you to jail

Asked over 1 year ago - Las Vegas, NV

the probation officer also drug test my wife a week early and said she was positive for thc but the the test came up with extremly low amount of thc so low that the line barely showed up then today the officer call her in he said that he need her to fill out some paper work. the officer tested her again and the test was negative but he still violated her probation what do i do in this matter

Attorney answers (3)

  1. Thomas D. Boley

    Contributor Level 14

    2

    Lawyers agree

    Answered . A probation officer has an extraordinary amount of discretion when you are under their supervision. The answer, of course, depends on her history of compliance and the underlying crime of which she was accused. In many cases, they will simply ask for tighter conditions of probation. They can technically ask for her to serve out her suspended sentence in prison. If this is her only violation, full revocation sounds a bit extreme. The recommendation of the probation officer at her revocation hearing and the argument made by your wife's lawyer are the factors to be considered by the Judge.

  2. Carlos Blumberg

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Attorney Boley is right on. Thank you and I wish you the best of luck!

  3. Richard Edmund Hawkins

    Pro

    Contributor Level 16

    Answered . "It was almost out of my system when he tested" really isn't a very good defense . . .

    Time to rehire your lawyer, or hire Mr. Boley.

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