Failed Drug Test in Aliso Viejo
Summary: This page covers What happens if you fail a drug test?, Probationers’ rights in a probation revocation hearing.
One of the conditions usually attached to a California probation is a requirement to refrain and stay away from drugs and alcohol. Probation usually requires the person to remain sober, with a failed drug test having the potential to lead to negative impacts on sentencing. As a probation condition granted by a judge, you may be required to consent to random drug tests in addition to checkups from a probation officer and no criminal activity. Even if the probationer were not even to be arrested, they must report any interaction with law enforcement to their probation officer.
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 to check for alcohol and/or drug consumption. They can order drug tests whenever they deem it necessary. Probation officers also have the authority to perform random searches, such as showing up to probationer’s home and searching for anything incriminating or dangerous to possess, such as drugs.
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. These conditions have been administered in order to reprimand the offender for their conviction(s) and to help protect those surrounding them. A few examples of these examples include reporting to your probation officer. These are people who are meant to keep tabs on the offender and make sure that the probationer is keeping up with what they are supposed to be doing. Included in probation conditions may also be community service requirements. The court has the authority to assign someone a certain number of hours of work in order to help the community. 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 lawyer immediately. Call the Johnson Criminal Law Group today so we can get you the best possible outcome quickly.
