I’m October of 2016 I was arrested for possession of marijuana (CDS) with intent to sell and was given a 5 year suspended sentence for the very first time I have ever gotten in trouble. They gave me two years supervised probation, which I am due to be released from come this July. I have paid off my DA and still routinely call every month and check in. I am supposed to be going and getting drug tested through a middle company once a month, but I work out of state and it costs me almost 200 dollars per test. So regrettably, I’ve skipped roughly the last 9 tests. But still call and check in and they have yet to bring it up. I know this is a very dumbfounded question, but how should I approach this situation entering the las couple of months before I’m off probation. Thank you in advance
Your suspended sentence and conditions of probation would have clearly spelled out what you were and are required to do.
The District Attorney can file to accelerate your suspended sentence once your case file shows you have not gotten drug tested, which means they can ask the court to take away the suspended sentence and send you to prison for the number of years which were suspended.
You need to hire an attorney without delay in the county where the case is so that she or he can direct you as to how to proceed at this point.
The foregoing is general information only, and this communication does not create an attorney-client relationship. Always conduct a detailed, in-depth, in-person consultation with an attorney before deciding on a legal course of action, since meaningful legal advice has to take into account considerable factors that have not been disclosed or discussed.
Be aware that the DA can file a violation of probation up to the last day and still keep the ability to have a warrant issued and ask the court to put you in jail for violating probation.
It’s possible they haven’t noticed yet because they may wait until the end of the probation to look.
The gamble is up to you. You can mention it now and see if they’ll offer you a way to get some turned in and be successful or you can wait to see if they overlook it. But if they do catch it, it’ll be a little late to offer your excuse when you could have called after the first one you had to miss.
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