Im on probation for 18 months for a breaking and entering becuase of my heroin use. Its been about a month and half and ive done everything they asked and taken clean drug screens. I slipped yesterday and idk what to do
This is hard to answer without knowing about your particular relationship with your PO. It sounds like this is going to end up as a potential violation either way. If you just used yesterday there is really little chance that it would not show up in your drug screens so whether or not you tell them it will likely result in a violation. However if you tell them that you relapsed then there will be no chance for you to really fight the violation later as you already admitted to it. The only advantage to telling them up front is if you have a really good relationship with your PO and you think that by admitting that you messed up they may try to work with you. It would also be helpful if you intend to try to go into a program to prevent future relapses.
By answering this question I am not forming an attorney client relationship and this answer pertains only to the law as it currently stands in Massachusetts where I am licensed to practice.
You are facing a long jail sentence if you violate. You can have your attorney contact your probation officer and try to feel her out about a possible violation. You will need to do something to get in front of this and try to remain on probation. That depends on you and your current situation.
I always advise my client's to own up to their relapses. It happens, the PO and courts know it is not easy to quit. If you are honest and show responsibility they will work with you. Lie or try to decieve and they will believe that you are beyond help.
Absolutely go with the instinct that lead you to reach out on Avvo, and hire a criminal defense attorney to protect your rights. It's often helpful for criminal attorneys like us to evaluate the situation, which, for instance, can lead to a decision to hire a forensic psychiatrist to evaluate a client for an underlying mental health issue to see if self-medication is driving your addiction. Where there is an issue, I find that it is often helpful, for instance, to potentially present an evaluation, and then negotiate an extension of probation, if the client is willing to enter into a detox or dual-diagnosis treatment/IOP. Probation violations can result in pretty heavy jail time. Absolutely hire a criminal lawyer to handle it with you.
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