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What happens if I test dirty while on probation?

Union, NJ |

I am 7 months into my 1 year probation for a drug charge that was dropped to a misdemeanor disturbing the peace. I have paid my fines, attended all of my PO visits and had a home visit. I have never been drug tested and I am not sure if this is something that is always done. What happens if I test dirty for marijuana? Also can I get off probation early and get my record expunged? Thank you!

Attorney Answers 5


  1. If your urine test comes back positive for drugs, then you have violated your probation, assuming, of course, it comes back positive because you've actually used marijuana. What happens after that would be up to the judge and prosecutor. Your probation could be extended, you could get jail time, or your probation could be terminated unsatisfactorily, among other possibilities. Your best bet is to stay clean and toe the line for the length of your probation, and then try to stay out of trouble in the future. If you've already violated, you should talk to an attorney immediately.

    Law Office of Keith S. Massey Jr. LLC, Lakewood, New Jersey. (732) 905-0353. http://www.masseydefense.com Answers provided for informational purposes only. None of the information contained herein is intended to create, nor creates, an attorney-client relationship, is not legal advice, and should not be used without first consulting an attorney.


  2. If you haven't done so you need to speak to an attorney to help you deal with this situation if you test positive. When people are on probation, one of the conditions of probation is to be subjected to random drug tests and not be found positive when tested.

    IF you test positive for marijuana, then you likely violated the terms of your probation and run the risk of having your probation revoked and having the original sentence imposed on you based on what you were put on probation for in the first place.

    An attorney at an in person consultation will be able to look at the facts of your case and explain to you what you would be facing should you test positive for marijuana. To be safe, schedule an in person consultation with an attorney to have them explain the consequences of a positive test.

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  3. You can petition the court for early termination of probation. However dirty urine while in probation is a violation of your conditions. You need to wait 5 years to expunge after the end of all sentence requirements.


  4. You should not smoke marijuana while on probation. If you test positive you can get revoked and go to jail. You should consult with your lawyer as to whether it can be expunged.


  5. More information is needed. If you test dirty you can violate probation and be sentenced on the charge. If the Judge did not order urine tests they may not happen. To have your drug chargeds dropped to a pdp in Union means something was wrong with the case. I have never seen Judge Rosenbluth put someone on probation for a first offense pdp. Call with more information.