Legal Question in Criminal Law in California

Re: PC1000 Drug Diversion

You should receive a letter giving you notice of hearing regarding the alleged violation. You have the right to a hearing regarding the alleged violation. Contact your doctor regarding your medical condition and the medication you were taking at the time of the dirty test. If you have the money obtain several drug tests between now and the date of the hearing for probation violation. Be certain that the probation department has your correct address and that you get your mail. If you miss the court date a warrant for you arrest will be issued by the court.

Re: PC1000 Drug Diversion

Thanks for your posting. Probably a very deep breath is in order as the first item of business, as I can see you are concerned about possible consequences.

Jail is avoidable, especially for someone in your situation, but you will have to have someone argue for it. And, of course, taking something that is over the counter is not wrong, but the testing company doesn't know that -- they report the presence of amphetamines, no matter what the source. Your case will improve substantially if your attorney gets a doctor to do further testing, like hair strand testing, and a chemist, to testify as to false positives with the substance you took.

You didn't mention a warrant for your arrest before your question, but in my opinion, the most likely scenario is that you'll receive a letter with an arraignment date on your probation violation. From there, you will be given the right to have an attorney appointed, if you qualify, or have private counsel represent you. Bail will be argued, but I think it unlikely that you will be immediately jailed, although that depends somewhat on the judge's personality that you are in front of.

You didn't mention which court this is in, but there are ways to check on a warrant without going to court. Most counties have a warrant website or hotline you can call and check.

You are right on one thing -- you do need help, and the responsible thing would be to hire a professional to help you with this difficult situation.

I hope this helps, but if you have any further questions, or want legal representation, please feel free to email me at [email protected]. I am more than happy to help in any way that I can.

Re: PC1000 Drug Diversion

Dirty test = probation violation. The court can send you to jail or impose other terms on you. You should immediately get another test done privately to show you are clean, to take to court with you. You need an attorney. Hire one if you can afford to. If not, talk to the public defender. Contact me if you want to discuss hiring counsel.