We live in a crappy area in Phoenix Arizona and there's drugs everywhere. He came up dirty in a random ua but doesn't do drugs. Can he be violated for it?
Q: Can my husband be violated for failing a drug test while on probation for an unrelated crime?
A: Yes. In a NY second.
I cannot speak to the Phoenix, AZ area but in the 305, where I have been primarily practicing for nearly a quarter of a century, if you fail an initial drug test (whether for pretrial release, probation, PTI/PTD, drug court, teen court... whatever) then you will normally be offered a second opportunity to have clean urine in an amount of time that is commensurate with the substance which was detected in your urine (i,e. usually 30 days for marijuana, 3-7 for cocaine, 7 - 14 for opiates, etc). If you test negative on the subsequent go about then you are okay; if not then not so much.
But if you are beyond that window then you can expect to have your PTR, probation, PTI/PTD, drug court, teen court... whatever, rescinded, to be bounced out of PTI, probation, PTI/PTD, drug court, teen court... whatever, or to face an imminent VOP. Why? Because all of them generally have zero tolerance policies, you are expected to abide by the law and if you have controlled substances in your system then you neither lived up to your expectations nor did you abide by the law.
Still, apart from PTI (which is exclusively owned and operated by the State) you are always entitled to challenge the results of a positive UA, but you should not do this on your own. You would be well advised to hire a skilled and experienced criminal defense lawyer who has the knowledge and ability to argue your case.
I cannot tell you what will happen in the end but I can tell you this: Your odds at a favorable outcome will exponentially increase with the assistance of a skilled and experienced criminal defense lawyer efforting on your behalf.
Wishing your husband luck and hoping that I have been helpful in answering your question.
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Drug tests are fairly accurate so unless there is another good explanation for the positive test result, probation will likely use it against him. Yes, he can be violated for a dirty ua.
This answer is intended to only provide general information and does not establish an attorney- client relationship. The information is not guaranteed as sound legal advice since most questions are very limited in nature. You may wish to consult with an attorney regarding your specific case.
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