Legal Question in Criminal Law in California

Positive Drug Test Probation Violation

My daughter, 21, was charged with 4 counts of narcotics last year. First time offender given 18 months probation & Drug Rehab. She was doing great. Worked full time, paying parents back attorney & court costs every paycheck, avoiding drug friends, went to all meetings, going back to school. Last week she tested positive for narcotics 2 months before probation ended. She admits she was wrong, did her best to avoid the situation, but was weak. My wife is having knee surgery in January & needs her daughter to take care of her & house for 6-8 weeks. She hates cleaning & cooking. Can we write the court (or judge) & explain she is needed at home? Helping her mom (who is deaf) will help her too? & continuing the same probation, drug rehab, working, paying back debts, returning to school is working for her? Or does the judge automatically punish her further? Can I write to him & explain?


Asked on 12/17/03, 5:01 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Positive Drug Test Probation Violation

You can try, but should make the appeal in person at the court hearing. You should contact the DA and PO in advance of the hearing to plead that situation. You really should hire her an attorney.

Read more
Answered on 12/17/03, 1:16 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Positive Drug Test Probation Violation

certainly a letter is a viable option under the circumstances, but probably is not the most effective manner in dealing with this situation from a legal standpoint. your best bet would be to retain an attorney who can effectively deliver the arguments and mitigating circumstances you address in your question here, in or out of court, and swiftly.

if you would like a free phone consultation, email us directly today with your contact information.

Read more
Answered on 12/17/03, 3:04 pm


Related Questions & Answers

More Criminal Law questions and answers in California