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Old 07-08-2005, 10:16 PM   #1
MiamiBoy
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Default Can I Believe My Lawyer (Probation)???

i have to go to court next week wednesday 7/13. I will be charged with 1 felony and two misdameanors...all non drug/alcohol related charges. The plea bargain that i am being offered is 2 years probation with early release after 18 months...upon completion of my 100 hrs of community service and also an anger managment class. I live in Florida.

This has all been a very traumatizing experience, and i am very worried about this probation that i will be on, being that i have been a chronic/very heavy (about 2-3 bowls of top notch crippie a day) for the past 2.5 years or so. Obviously i have stopped smoking and by the time i go to court to accept this plea bargain, I will have been clean for exactly 30 days. I have been excercising and all that to try to speed up my detox time, as i fear that 30 days alone just wont be enough for me to get clean. I took a home test earlier this week (after abstaining for 3 weeks, and i am still dirty).

Now for my questions.....
My Lawyer has told me on numerous ocasions that DRUG TESTING WILL NOT BE A PART OF MY PROBATION.....I just want to know how he can be so certain. I am under the impression that once im on, they can do whatever the hell they want, and that i will be drug tested. what do u all think?

Just to make it clear, im not looking for reassurance so i can smoke again....I am done....a genuine quitter....

Also, what happens if i do in fact get tested and fail the first one?....do u think theyll take me directly to jail?? Dade county jail is NO FUN!!!!!

Im a nevous wreck...thanks for all your time and comments......
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Old 07-08-2005, 10:33 PM   #2
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Default Nite Shift

Private Message Niteshift, I think he's from FL.
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Old 07-08-2005, 11:06 PM   #3
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Yeah Nightshift is from FLA, he can help out a ton prolly.

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Old 07-08-2005, 11:08 PM   #4
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I really doubt you wont be tested during probation. And what exactly were the charges? I'd say stay clean until a few months into your probation so you can get a feel for what the procedure is.
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Old 07-08-2005, 11:23 PM   #5
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Well most of the time if you tell them you were a heavy smoker before you got on probation they will understand. They cant violate you for something you did before you were sentenced. I was on probation for 10 years and in those ten years I never saw anyone ever get violated because they failed their first drug test. The county I live in is one of if not the toughest in the nation (somewhere in Texas).
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Old 07-09-2005, 01:26 AM   #6
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i think drug testing is generally only part of probation if the charges involved drugs.
at least thats what people around my area seem to get.
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Old 07-09-2005, 02:51 AM   #7
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Well on that, every case is different for everyone, my case wasnt a drug related case and I still got randomely tested, but it was stipulated, with my conditions of release. Sometimes it doesnt even have to say it, your owned by them. They can do what they want almost with that respect. So be careful, be prepared.
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Old 07-09-2005, 06:03 AM   #8
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Is your Lawyer familiar with the fact that you smoke pot? Does he knwo why you are asking about probation drug tests?

Better be straight up with your attorney 'cause unless you hired Roy Black, Esq. the last thing you want is that "look of suprise" on your counsel's face when something s/he didn't know about you pops out of the Prosecutor's mouth.

I your Lawyer knows about your mj use (and anything you say to your attorney is confidential bet/ you) and still insists that there is no drug test, get it in writing so if they are inevitably incorrect -- you have proof to both the Fla Bar & that attorney's Error's & Ommissions insurance (aka Malpractice/Liability Insurance).
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Old 07-09-2005, 06:58 AM   #9
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his advice sounds like a "best guess".

considering that drug testing is a probation requirement for a boat load of non-drug crimes, I can't see why it would NOT be a requirement for felony possession.

If he won't put that in writing (and I bet he won't), then that should tell you something. Just remember, even if he's wrong, he still gets paid and goes home at the end of the day. You,on the other hand, might end up in jail. govern yourself accordingly.
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Old 07-10-2005, 03:27 AM   #10
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Well, as long as there are NO DRUGS involved/no hardware found, im talking anything, if they found a seed in your car or anything there will most definately be repeated drug tests, there will probably be one preliminary drug test, if that is clean you are fine. You can probably listen to your lawyer, but you should definately be honest with him, he isn't gonna tell on you, it is in his best interest he keeps you safe. I would also follow some of the dilution methods on thsi website to be extra safe, 30 days should be plenty of time to get clean if you are willing, working out/ running etc, making your heart pump, sweating, gettng your body moving are all very important as well as a good amount of water per day, it is suggested in several health books that you should drink half your body weight in ounces of water per day to be healthy, this amount should suffice, but also make sure your salts dont get to low. Treating your body well will make it leave quicker. Cranberry juice is also very good, it raises the PH level of your blood so your kidneys can proccess the THC faster. Along with this ,Flax seed cleans your kidneys out so this too may be beneficial. A good diet will help you considerably, lots of leafy green vegetable, because if you give your body the right stuff it will get rid of the "toxins" itself, alot quicker then if you eat unhealthily/stay up late etc. Sleep is very effective because when you sleep you burn fat as well. so These are just some things to consider and Im not sure of your situation but Im sure this will help and you can find countless other pointers on the web. Good Luck Man
-Mike
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