Legal Question in Appeals and Writs in Illinois
miss representation on hearing to revoke probation
Would there be any possible avoidance to serve A sentence on A 'revocation of probation' due to A 'false positive' random & 'required' drug testing after an appeal has been filed?
1 Answer from Attorneys
Re: miss representation on hearing to revoke probation
"Any possible avoidance" leave a lot of room for discussion. If, in fact there was a false positive regarding the drug test, the results of the test should be challenged, and there should probably not be a revocation of the probation until there has been a confirmatory test done on the drug results. You say after an appeal has been filed, but you do not indicate what is being appealed. If it is the revocation itself, there is a possibility that the revocation might be stayed until the appeal has been decided. If the appeal is regarding the original conviction, then the revocation will take place until the appeal is decided. There are several possibilities, but there are many variables.
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