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What happens if I fail a drug test while on probation?

Athens, GA |

I took a drug test last month and my next appointment is in 3 days. I had taken an adderall a few days before being tested. I've been on probation 7 months and it was my first drug test. Will they immediately arrest me when I show up to my appointment?

Attorney Answers 5

Posted

If you are prescribed the medication, then you should not be arrested. However, if you were taking this prescription medication illegally, then you could have two years of your probation revoked or the balance of your probation revoked, whichever is less. I would anticipate that you are going to be arrested. However, you need to report anyhow. If you fail to do so, all you would do is make a bad situation worse. You should contact an attorney in your area that is familiar with the judge, the prosecutor, and the probation officer to better help you.

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Posted

I think Attorney Partain has answered your question well. I would emphasize that you report as scheduled. Failing to do so will make a bad situation worse.

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Posted

That is up to your probation officer. Bring with you a copy of your prescription, if you have one, and present it to your probation officer at your next meeting. If your probation officer files a petition to modify/revoke your probation, hire the best lawyer you can afford, and follow his/her advice.

Answers to questions on this web site are for informational purposes only and do not constitute legal advice. Unless you and Troy W. Marsh, Jr. have signed a written contract, Troy W. Marsh, Jr. is not your attorney, and you are not his client. www.marshlaw1.com troy@marshlaw1.com

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Posted

It is up to your probation officer. They could arrest you immediately, they could schedule a probation revocation hearing, or they could do nothing. If you have a prescription for the drug be sure to take that to your appointment.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

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Posted

Presuming you had a prescription for this drug dated it should not pose a serious problem of you to explain. Be prepared to discuss you diagnosis. I do not recall Adderall being prescribed except for well know neurological conditions? Meanwhile, you might want to discuss this matter with your former attorney as he or she may know the personnel you will be dealing with. Beyond that, if things go south with the test and the explanations you provide are not sufficient, expect anything from a Petition to Revoke your probation to some sort of more intense monitoring of your case.

I am an attorney, practicing throughout the state of Georgia, but primarily in the areas around Augusta, Statesboro and Savannah, Georgia. You may review more information about my practice by going to: http://www.avvo.com/attorneys/30809-ga-elmer-young-540135/reviews.html. The information I am providing you should only be considered for your general knowledge and educational purposes. Consider it as a good first step in your knowledge acquisition, but not as legal advice. Indeed, any information I provide is based on the extremely limited facts you have provided and new facts could substantially alter any answer or reply. My opinion should be understood to apply only to the laws of the State of Georgia. You should always consult with a local attorney about your situation if you live outside of the State of Georgia.

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