Drug Testing Probation Violations
Drug Crimes Lawyers Providing Vigorous Defense Against Drug Testing Errors in Ann Arbor, Detroit, Grand Rapids, Lansing and Throughout Michigan
Individuals who have been convicted of certain drug crimes are often given probation as part of their sentence. In essence, probation often makes it possible for someone to avoid jail time; if an individual successfully completes probation, he or she will usually avoid going to jail. If however an individual violates the terms of probation, it could result in jail time or other consequences. At Grabel & Associates, we know that individuals who are on probation for committing drug crimes undergo drug testing frequently to ensure the individual is not abusing drugs, thereby violating probation.
It is important that if you are accused of probation violation, you consult with our experienced Michigan drug crime attorneys right away, so that work can begin to fight these allegations.
Drug Test Results are Not Always Reliable
While drug testing is required for individuals who are on probation due to a conviction for a drug offense, the results of these tests are not always accurate and can often be challenged. For example, you may have a false positive result, which could be the result of a valid prescription drug you were taking. Additionally, certain substances can cause a false positive result such as mouthwash or vanilla. There is also a possibility that the positive test is due to human error in administering or testing procedures.
If it is determined that a drug test result is accurate and that you undeniably had illegal drugs or substances in your system, it still may not mean that you will face jail time or other penalties for probation violation. Judges do not always view a positive drug test result in the same light.
How Judges Differ in Their Views of a "Relapse"
Depending upon the judge who presides in your case, you may be given another chance should you fail a drug test. Some view a relapse as a normal aspect of recovering from addiction, while others have no tolerance at all when an individual tests positive for drugs. This means that while one judge may determine that an individual needs further or additional rehabilitation, others may decide that the individual should be further punished, perhaps by serving jail time.
Probation Violations Can Result in Serious Consequences
When you have been convicted of a drug crime, probation is naturally preferred over spending time in jail; however, probation violations can leave you facing jail time or some form of additional punishment. You may be sentenced to two, three, or more years of probation depending on the drug crime you have been convicted of. Individuals who fail a drug test whether due to human error or the fact that you have actually violated probation and used drugs should talk to a lawyer at once.
Contact an Experienced Michigan Criminal Defense Attorney
If you have been threatened with a probation violation hearing, contact our office immediately. We have worked with many clients who have violated probation; reaching positive results and helping clients avoid jail time or additional penalties. Call our toll-free number today at 1-800-342-7896 for unparalleled legal guidance and representation.