Legal Question in Criminal Law in California

What will happen if i violated probation with a positive test

i am on prop 36 for la county. on 11/13/2005 i tested positive on my urine test for meth. In addition i missed 2 groups in my drug treatment program due to work reasons. I am still going to meetings and trying 2 stay clean. On 12/8/2005 i went to see my probation officer and new i tested positive and missed 2 groups, so sh said she was sending a violation of probation report to the court. I go back to court on 1/4/2006. What will happen? will they violate me to back to jail? or will prop 36 be reinstated. I am really scared and dont know what 2 do.


Asked on 12/10/05, 4:17 am

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: What will happen if i violated probation with a positive test

You're allowed a couple of mis-steps in Prop 36. You're an addict, and Prop 36 is designed and intended to stop your addiciton. But it is understood that you will falter. But you should not fall back into your addict-ways, because eventually, you will be removed from the program, your probation will be violated, and you'll be sentenced according to the law. Stop screwing around, get off that poison, get through the program and get on with your life. Good luck.

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Answered on 12/12/05, 12:06 pm
Terry A. Nelson Nelson & Lawless

Re: What will happen if i violated probation with a positive test

It's jail time on the original sentence unless you can convince the judge to give you a second chance. Understand, your PO already recommended the court put you back in jail, that is what the report is about. IF you want to have an attorney help you try to do this, feel free to contact me.

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Answered on 12/12/05, 2:20 pm


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