I am on probation for a DUI. I violated my probation when I got my second DUI. I went to rehab and the judge allowed me to stay out of jail by using the scram system and blowing in a breathalyzer every four hours and continuing my alcohol classes. I was accidentally given a tramadol for back pain the other day by a friend when I thought it was a high-dose ibuprofen. I’m pretty sure I will fail my drug screen I had this morning. I told my probation officer about it but I am scared. Will I go to jail for this or will the judge understand that it was an accident?
First, you have to admit that this was NOT an accident. You should not be getting ANY medication from a "friend," that's not available over the counter.
All you can do is be honest about this with your probation officer. As a practical matter, most probation officers are NOT looking for any little reason to violate you.
I'm licensed to practice law only in Indiana, and we've never met, so I can't give you "legal" advice. My answer is simply "friendly" advice based on my experience as an attorney in Indiana, my knowledge of federal and common law, and common sense. Even if you are in Indiana, employment law questions are very fact specific, and based on the limited information you provided in your post, I can't give you legal advice, and my answer is intended as general information only. It doesn't create an attorney-client relationship.
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