Probation violation for positive drug test

Asked almost 4 years ago - Holland, MI

My son has been making drops for 10 months with no problems. He has also passed two random tests. Recently he tested positive on the urine test strip so his probation officer sent a sample to a lab for analysis. I do not believe he has smoked any pot while on probation. If he is cited for a violation he will spend time in jail and lose his 74-11 status. We are hopeful the lab analysis will show he did not smoke pot. I have been told the urine strip uses a standard of 50 units as the threshold for a positive. If the lab test comes back at less than 50 will he be cleared? Does the probation officer have any discretion in whether or not he is charged with a violation given his clean record so far?

Attorney answers (2)

  1. Tracie Lynn Mccarn-Dinehart

    Contributor Level 11

    Answered . The probation office is the one responsible who files the probation violation with the court. recommend talking with a criminal defense attorney. An attorney will be able to help negotiate the system for you, and potentially keep your son on 7411 status and out of jail. As a general rule, just because there is a probation violation does not mean that the probationer will lose his status or go to jail. It depends on the judge as he is the one that will determine the sentence.

    Disclaimer: This answer does not constitute legal advice and is for informational purposes only. www.dinehartlawoffice.weebly.com

  2. Loren M. Dickstein

    Pro

    Contributor Level 17

    Answered . You should really consider working with an attorney to help with your son's situation. The possible consequences and your son's future are just too important to just wait and see how his fate works out. If its a close call, a good attorney may be able to strike a deal with the probation officer or the court so that he doesn't have to get a probation violation. I suggest you use www.avvo.com to find a 10.0 rated criminal defense lawyer and ask for a free consultation. Best of luck! - Loren Dickstein www.notafraidtowin.com.

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