Legal Question in Criminal Law in Florida

False Positive Drug Test

My boyfriend has been on probation

for 6 months now. This was his last

month pretty much. He hasn't tested

positive on any of his drug tests

except for this last test. He really

hasn't done any drugs, so now what

can he do? Can you ask for a retake

when it comes to the court system?

He was unaware of his court date

today, so he showed up late, but just

found out by a voicemail on his

phone from his laywer that he tested

positive on his test. So, he hasn't

talked to his laywer yet, which I also

believe hasn't been doing very much

because at times the laywer doesn't

even show up to his court dates to

represent him.


Asked on 6/10/08, 11:05 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: False Positive Drug Test

So he got a "false" positive, which the drug testing companies will say--and the judge will probably believe--is impossible, he was late for court because he was unaware of the court date despite the fact that he's on probation and court dates are critical to him, and he hasn't talked to his lawyer because his lawyer (who went to law school and spent $100,000 on tuition to do nothing but go to court) doesn't go to court.

See where I'm going with this? I'm not trying to be a jerk here, but it sounds like your boyfriend is doing everything he can to ride the express train to prison. You don't get re-takes, and you boyfriend needs to call his lawyer immediately.

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Answered on 6/11/08, 11:37 pm


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