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

Asked 8 months ago - 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)

  1. Daniel Ray Partain

    Contributor Level 13

    6

    Lawyers agree

    Answered . 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.

    While I am a licensed attorney in the State of Georgia, I am not your attorney, even though I have answered your... more
  2. Troy Windel Marsh Jr.

    Contributor Level 14

    5

    Lawyers agree

    Answered . 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.... more
  3. James Lawrence Yeargan Jr.

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  4. Elmer H. Young III

    Contributor Level 15

    5

    Lawyers agree

    Answered . 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,... more
  5. Samuel Cohen

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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.

    We can be reached at 215-545-2201. Our firm has lawyers licensed to practice in Pennsylvania and New Jersey and in... more

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