Orange County Criminal Lawyers
Failed Drug Test in Anaheim
Generally, the purpose of probation is to rehabilitate a person who has been convicted of a crime. This is often done by keeping a convicted person out of jail or by shortening the jail sentence, as long as the convicted person promises to meet certain requirements for the probation.
In reality, however, judges in Anaheim and in the state of California often impose probation to both rehabilitate and punish a person convicted of a crime. The terms and conditions of probation are different for everyone that is placed on it, depending on what they were convicted for. Some examples of what happens while on probation are attending counseling sessions, paying fines, reporting to one’s probation officer, and also restrictions on substances such as drugs and/or alcohol. Sometimes, the terms of probation may include regular and random drug testing, whereby a defendant must prove they are refraining from using drugs for the duration of probation.What happens if you violate the terms of a probation including failing a drug test?
If one of the requirements of your probation is refrain from drug use and if during the period of the probation you are tested and found to have failed a drug test, then the general procedure of events will be as follows:
- Your probation officer will report the violation to the court
- The court will then schedule a probation hearing and call you to attend and defend yourself against the accusations
- At the probation hearing, the judge will make a determination as to whether you are guilty of a violation for the failed drugs test, based on the arguments that are presented by the prosecution and by your defense
The terms and conditions of one’s probation should be taken extremely seriously. They are, in most cases, strictly enforced by one’s probation officer and can lead to serious penalties or consequences if not obediently followed. A probation officer’s responsibility is to regulate the person on probation and make sure that the requirements are being met, such as administering drug tests to make sure they are not consuming any illegal substances, and also looking over their rehabilitation if they are going through that.
Depending on the circumstances and arguments heard, the judge will decide to:
- Let you continue with your probation with no change
- Let you continue your probation with further terms/conditions and/or including an extension of your probation period
- Your probation could be revoked and the penalties for the underlying conviction reinstated
- Send you to jail
In all of our failed drug test cases, our main goal is keep our clients out of jail and maintain the current terms of probation.
If you or someone you know is accused of violating probation because they have failed a drug test, it is important to immediately call an accomplished criminal attorney to defend you at the probation hearing.
Call a lawyer now about your failed drug test. We won’t judge you, and will give you an honest assessment of your case given the circumstances.