Criminal Defense
Since 1993
Since 1993
WHAT SHOULD I DO IF I TEST POSITIVE FOR DRUGS WHILE ON PROBATION IN CENTRAL FLORIDA? FAQs
Q: What happens if I test positive for drugs while on probation but am not immediately arrested?
A: If you test positive for drugs while on probation and are not arrested on the spot, several things will happen behind the scenes. Here’s what you can expect:
- Sample Confirmation: Your probation officer will send your urine sample to a laboratory for confirmation. Initial tests can sometimes be inaccurate, and the probation office relies on ‘official’ lab results for a definitive answer.
- Lab Testing: In Central Florida, probation officers typically send urine samples to a laboratory which is based in Virginia. This means the state does not have a local witness to back up its results, but unfortunately, they can still proceed with this method.
- Waiting Period: The lab results usually take about two weeks to return. During this time, you can consult with an attorney and start planning your defense.
Q: What should I do while waiting for the lab results?
A: Taking immediate action by consulting with an experienced criminal defense attorney is crucial. Your attorney can help you explore options and gather evidence to support your case. For example, if you are on prescription medication that could have caused a false positive, your attorney can gather documentation to present to the court.
Q: What can my attorney do to help?
A: Your attorney can take several steps to help you:
- Gather Evidence: Collect any documentation, such as FDA filings, that show your prescription medication could cause a false positive.
- Plan a Defense: Develop a strategy to present this evidence to the court. Sometimes, this strategy may involve getting started with a drug treatment plan.
- Communicate with the Court: Work to demonstrate that the positive test could have been a false positive, potentially preventing a warrant for your arrest.
Q: What happens once the probation officer receives the lab results?
A: Once the probation officer receives the lab results:
- Violation Filing: The probation officer will file the violation with the judge.
- Judge’s Decision: The judge will review the violation and decide whether to issue a warrant for your arrest or take alternative actions. Hopefully, the judge will not have you arrested, but every judge handles positive drug tests differently.
Q: What are the possible outcomes after a positive drug test on probation?
A: There are a few possible outcomes:
- Arrest Warrant: The judge may issue a warrant for your arrest. Hopefully, the warrant has a bond so that you may bond out of jail immediately, but unfortunately, many judges issue “no bond” warrants on violations of probation.
- Alternative Sanction Program: If it’s your first violation, the judge may order you into a drug treatment program instead of arresting you. This program is beneficial because it avoids arrest and court dates, requiring you to complete some classes instead. If offered the alternative sanction program, you don’t even need an attorney, all of this is done through probation.
Q: Can a positive drug test turn out ok?
A: Yes, a positive drug test while on probation can be addressed and potentially fixed. With the help of an experienced attorney, you can present evidence and arguments that may convince the court to avoid harsh penalties. It’s essential not to lose hope and to act quickly by involving someone knowledgeable in handling such cases. If you are facing a positive drug test while on probation in Central Florida, including Orange, Seminole, Osceola, Brevard, Lake, or Volusia counties, contact my office. My name is John Guidry, and I have extensive experience handling probation violations. Let’s see how we can help you navigate this situation and achieve the best possible outcome.
