What happens if you fail a ua at court ordered outpatient rehab

Asked about 1 year ago - Tumwater, WA

i got an mip and they put me in outpatient as a plea deal, i recently failed a ua (only one ive ever failed) now i have a hearing, am i in big trouble for this mistake?

Attorney answers (4)

  1. Edward A Nelson

    Contributor Level 12

    4

    Lawyers agree

    Answered . It sounds like you are already in an outpatient program. If so, have your attorney contact the program and address the issue in treatment. This may involve modification of your treatment plan in some way. Your attorney will then have some mitigating factors to present to the Judge who will determine if there was a violation, and if there should be any sanction.

  2. Robert Daniel Kelly

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You should speak with your own attorney about it.

    [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does... more
  3. Sean D Mckee

    Contributor Level 10

    3

    Lawyers agree

    Answered . Well, it's not good. How much trouble you're in is up t the judge. However, if this is a fist offense then you might be alright. Make sure that you don't miss any treatment and that you can come to court with a compliant report from your treatment center.

    Here is what might happen at court. 1) Nothing. The judge might give you a reprimand and a second chance. 2) Sanction. A little jail alternative or community service as a punishment. 3) New Evaluation. I hate this one because it costs money. If you have been drinking the judge can order you to get a new Alcohol/Drug evaluation to see if there is a new treatment recommendation. 4) some combination of the above.

    Generally, I would think that you'll be alright. The judge is going to give you a scary talking to and shake his finger at you. First time it is usually pretty light and you be able to pay your penance and go on with your life. He may order jail time and hold it in abeyance (not impose it unless you mess up again). Be honest with the judge. Apologize (whether that's honest or not). Get into compliance with treatment and probation. Don't do it again.

  4. Patrick Owen Earl

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . What happens is that you will have to stand in front of the Judge at some point and convince him/her that you shouldn't get a sanction/penalty for the positive UA. This is difficult and you need an attorney to help your chances of no additional fine or jail time.

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