Legal Question in Criminal Law in Florida

violation of probation

I am on drug probation, and have to take classes once a week which comes with 4 drug test that are sent to a lab. My test came back positive for meth. My room mate now tells me his girlfriend admitted to putting some in my coffee so id violate and then id not stay there. I didnt come up dirty at probation office. the lab work was for the class and they send the positive results to my officer. I told my officer this and she says she has to turn the results in anyway and i may not have to be violated. The girl wont tell anyone she did this but my room mate can verify she told him this. How can I prevent from going to jail? They want me to start my classes over going twice a week now and i only had two left to go. now I have to go twice a week for another three in a half months. I dont care about that i just dont want to be violated for something i didnt do. what steps can i take to not get violated? I was told it was up to my p.o. to what happens and she says she will go in front of a judge and he will ask her what she wants and then depending on what she advises is what will happen, that a warrant might be issued. what can i do? please help me


Asked on 4/11/07, 10:01 pm

1 Answer from Attorneys
Robert M. Perez Law Office of Robert M. Perez, State and Federal Criminal Defense

Re: violation of probation

Most likely the P.O. will file the affidavit of probation violation with the court. You need to stay in touch with your PO and find out exactly when she files the affidavit. Once she does, dont wait until the arrest warrant is issued by the judge on the affidavit. Put it on the judges calendar as soon as possible. it will show the judge you are serious about this situation. On the day of court, bring your friend in to tell the court what his girlfriend did to spike your drink. He will have to swear to it and you will have to show that this is the only time you have tested positive for an ilegal substance. it is not guaranteed that this will work and you should be ready to be taken into custody, but it is the best shot that you have to be reinstated into probation without facing a violation/more classes.

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Answered on 4/12/07, 11:51 am


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