Failed Drug Test in Aliso Viejo

One of the conditions usually attached to a California probation is a requirement to refrain and stay away from drugs and alcohol. As a probation condition granted by a judge, you may be required to consent to random drug tests.

The probation officer may show up at your home and request that you take a drug test or they may wait for you to make the scheduled probation officer visit before asking you to take the drug test.

If you fail the drug test, the probation officer will be forced to submit a probation violation to the court, after which a probation violation hearing will be scheduled.

What happens if you fail a drug test?

If you fail the drug test and are therefore found to be in violation of your probation requirements, one of 3 things will usually happen:

  • A probation revocation hearing will be scheduled and your probation may be revoked. In this case you will be required to complete all or part of your suspended sentence
  • Your probation period may be extended and additional terms and conditions included or
  • Your earlier probation terms may be reinstated
Probationers rights in a probation revocation hearing

In Aliso Viejo as in the rest of the state of California, there is a relatively high percentage of probationers violating their probation due to the strict and burdensome conditions placed on them. If you have a scheduled probation revocation hearing, your rights include:

  • Representation by a criminal defense lawyer
  • Disclosure of evidence against you
  • Testifying on your own behalf
  • Using subpoena power to compel a witness to testify on your behalf and
  • Presenting extenuating or mitigating circumstances that led to the probation violation

If you have failed a drug test while on probation, it is highly recommended that you contact a probation violation lawyer immediately. Call the Johnson Criminal Law Group today so we can get you the best possible outcome quickly.

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