Criminal Law 

What to do if you have failed a drug test while on probation

Being on probation is difficult. It is certainly better than being incarcerated and is the first step towards being rehabilitated. But, getting this phase of your life right is not easy.

You need to be very careful about how you conduct yourself. All of a sudden many of the things you have been able to stay away from such as drugs and alcohol are easily available to you. So, it is all too easy to give in to temptation and take a wrong turn. If this happens to you and you have failed a drug test on probation this article is for you. Below, we explain the steps you need to take to reduce the chances of this mistake leading to your going back to jail.

Don’t ignore the issue

When your probation officer contacts you to tell you that you have failed a drug test, do not ignore the issue. Instead, ask him or her for advice about what to do next. To them, this is a sign that you are taking the issue seriously. That is a good thing because it is an indication that you do actually want to get your life back on track.

Find a good lawyer

In addition, to speaking to your probation officer, contact a lawyer. Be sure to use a law firm that has the expertise to handle this matter. They need to be from the state in which you live. This helps to ensure that they are familiar with how the probationary service and courts operate in your area. They will have a full understanding of the laws and rules that govern the way your probation works.

Stay in touch with your lawyer

As your case progresses, your lawyer will almost certainly have questions. Make sure that you are available to answer them. If you do not their chances of preparing an effective defense for you are very low indeed. Give them a number you can always be contacted on and keep that phone switched on.

Be honest about what happened

Don’t hide anything from your lawyer. Knowing what happened will help them to prepare a defense that will convince the judge that they do not need to send you back to jail.

Be willing to attend rehab or counseling

In most cases, if it is the first time you have been caught taking drugs, while still on probation, you will not be sent back to jail. Instead, the judge will ask you to attend counseling, maybe rehab. You need to be willing to do this and will be expected to demonstrate that you are serious about staying away from drugs.

Being pushed to take the step of coming off drugs will not feel good. But, as you can see from the stories these ex-convicts and addicts share, it really is worth the effort of going through rehab. Staying clean is never going to be easy. But, their stories show that it is possible. Potentially, you can turn being caught taking drugs while on probation into something that has a positive rather than a negative impact on your life.

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