Legal Question in Criminal Law in Wisconsin

justice sanction hold

Jeff tested positive on ua.Takes Provigil-mocks cocaine metabolite.Urine tossed before proper retest could be done.Jeff refuses to confess tosomething he didnt do.How long can he be held.Prognosis???


Asked on 12/07/07, 9:35 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Positive Urine Test for Cocaine Metabolite--Consequences--Bail Jumping

Judges often order defendants released on bond who are in the court system awaiting trial to undergo random urinalysis (UA's)for drugs or alcohol. A positive test is likely to result in the new charge of violating bond or "bail jumping," which can be an even greater problem than the original charge. It can also result in revocation of bond or increase of bond, meaning that the person waits in jail for his trial. However, prior to punishment for the new offense, the evidence must be proven to a judge or jury beyond any reasonable doubt. Professional chemists and pathologists can often provide defensive testimony explaining away positive results. If accepted by the jury, this testimony can sometimes result in an acquittal. I would need to research the specific metabolic and precursor drugs you mention in order to answer your question from a chemistry perspective. However, a physician, chemist or pathologist would be far more qualified than I to give such an opinion. The length of time someone could potentially be held for a "dirty" UA is the maximum potential jail sentence for all counts with which he is charged, including any new bail violation charges. "Jeff" therefore needs an expert felony attorney as soon as possible.

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Answered on 12/17/07, 5:42 pm


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