Took a drug test for probation and she threw it away. Am I safe?
Q: Does your probation officer have to tell you if you fail a drug test?
A: "Have to"? No. "Will s/he"? Probably.
Q: Do they send it to a lab?
A: If you fail then a "spot" U/A then yes, a full-blown lab report is almost certain to be sought. The questions is whether or not you will be taken into custody then (which could happen)?
Q: Took a drug test for probation and she threw it away. Am I safe?
A: Beats me but if s/he tossed the specimen and didn't say anything to you about being +++ then yes, you are probably safe.
That said, anyone who is on probation in FL is subject to U/A.
Unless the court specifically orders it as a condition of probation (i.e. weekly, monthly, etc) then the PO is free to exercise discretion as to whether to require U/A and if so then when.
While you are on probation you should assume that you can and will be U/A'd at any time and you should comport your behavior accordingly.
Being on probation is an alternative to incarceration. It is a gift of sorts, albeit it is given by an Indian giver who can take it back at any time (the alternative being jail). It behooves you to remember that at all times while serving your probationary period. It may help to think of your time on probation as walking on a tightrope. Stray just a little to either side, lose your concentration or balance even for a moment and you fall. However, instead of landing on the ground you land in jail or prison.
Neither prosecutors nor Judges look favorably on people who squander the opportunity that they've been given to serve a community based sanction instead of being in custody by willfully and substantially violating the terms of their probationary sentence, and this will include failing a U/A.
In order to increase your odds at success you might consider taking a look at my AVVO Legal Guide on surviving probation / CC in Florida as it contains a great deal of information on the subject and may prove to be helpful to you. For your convenience a link follows:
Michael A. Haber, Esq.'s AVVO Legal Guide on Probation in Florida: What it is and how to survive it?
Wishing you good judgment and hoping that I have been helpful in answering your question.
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