I have been on probation in three different counties for almost two years for 5 felony drug charges. I completed the drug program, have passed every UA I've been given, and have complied with every sitipulation of my probation and haven't gotten in any more trouble at all. I am working and paying all of my fees and report to probation every month. Last month I failed a UA for alcohol. One of my counties called today and said they need me to come in on Monday to sign some papers. I am worried I will be arrested. What is likely to happen?
It sounds like over all you have been doing very good on probation. Usually they consolidate your probations to the county where you live. Having said this, what will happen depends on the Judge of that court. You need to talk to a lawyer ASAP. When reporting to " sign papers" often the probation officers will ask you to agree to IDT, ISF, or other sanctions, or to admit to other drug or alcohol use. YOU DO NOT AND SHOULD NOT ADMIT TO ANYTHING, even the positive ETOH test. What happens to you is ultimately up to the Judge, not the probation officer. Get a lawyer, admit nothing, sign nothing, and protect your rights.
If you don't sign whatever documents they are requiring, a motion to revoke will be filed, a capias, will issue, and you will be entitled to a hearing before the judge of the court out of which the probation issued. Contact your lawyer in that jurisdiction for the best help, otherwise, Mr. Kline is spot on with everything he has suggested. Best of Luck!
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No one can say for certain what will happen to you when you appear at your meeting with probation. If you do not appear, a warrant will definitely be issued for your arrest so you have to go. You MAY be arrested, however, or you may be served with new conditions of probation which modify your old order due to your positive UA.. Good luck.
It sounds like you have been doing well in an extremely complicated situation. One dirty UA for alcohol is enough for all 3 judges to revoke you. However, MOST would not under these circumstances. MOST would modify your probation with additional alcohol-related conditions (examples include a SCRAM device, attending 90 AA meetings in 90 days, attending or repeating IOP, to name a few). If probation wants you to "sign papers," they want you to agree to a modification of your probation terms. If their proposal is anything you can possibly live with (short of agreeing to a lot of days in jail or an in-patient treatment program), you may want to consider signing it so you can move forward safely (without risking a revocation). You DO NOT have to sign their proposal. However, if you do not, they are likely to file a motion to revoke your probation. You are entitled to an attorney if this happens. You are also entitled to a hearing. An attorney may be able to prevent the modification that probation is seeking--or the judge may give you something much worse. The best course of action, of course, is to retain an attorney immediately and let that person intervene on your behalf in an attempt to keep you out on probation and your cases moving forward as smoothly as possible. Best of luck.
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