Legal Question in Criminal Law in Oklahoma

Re: False Positive Drug Testing

I put out a query to another lawyer message board and got what might be some good stuff. It's posted below:

Ola Chad,

My client came through for you and send me about 15 or so pages of

information from drug manuals as well as a letter we wrote for him to PTS

when they were trying to violate him (they didn't), Liver disease like Hep

C DOES cause false positives.

Anyhow, send me your fax number and I'll send all of what I have to you.

I'm assuming they are trying to revoke your client. If correct, why not

turn your PO on to Betty Kim of PTS in Oakland, CA. Tell her she can

mention Jimmy H. and his case number 02-40049-01SBA. Betty has become quite

conversant with Hep C and false positives. She can be reached at 510 637

3755 (her inside line) and faxed at 510 637 3761. Another person very

knowledgable is Rosemary Costa of the US Probation Office. She was in SF

but is now located in San Jose. Her inside line is 408 535 5216 and fax is

408 535 5206. You can tell your P.O. to use my name if s/he wishes but

Jimmy H and his case number is enough for them to find it since the

sentencing is in May and we are all scrambling.

I think it would really please Jimmy to know he saved another poor devil.

Re: False Positive Drug Testing

If random drug testing shows that drugs are not in her system (as your message said), then it does not appear that false postives are really the issue. I presume that chronic liver disease does not produce a false positive for marijuana; however, that is a question better put to a chemist rather than a lawyer or judge. That said, mere possession of marijuana is hardly legal justification for the removal of one's child. There must be something more to justify dhs intervention in the family. The parent needs to hire a lawyer. If there are more details, then you may email me with those.