kinetix15

This is how it started... I was arrested for marijuana possession and given 1 yr probation. I thought I could beat probation by using the whizzinator(worst idea ever), it all sounded great, I was able to smoke, pass drug tests and all that good stuff. Heres where I fucked up, I had leant the whizzinator to a friend, which I received back only 30minutes before the drug testing facility was closing, so being in a hurry I concealed it over my boxers and during the test I whipped the fake penis over my pants. Not knowing this would cause a problem the drug testing guy immediatly said pull down your pants. At this point I was panicking and shaking as piss was running down me and into the cop. I'm not sure if he had seen the whizzinator or not. I didn't consider it a problem until I saw my probation officer 3 days later. He had asked me, if I was using a device to conceal the urine and I told him no and I explained to him I get nervous with people watching me piss. He than requested me to go straight to the drug testing place for a mandatory test. I had my whizzinator ready, but this time I was in for a suprise. They wanted me to drop my pants down to my knees,not knowing what to do I refused I told them it would invade my privacy (I couldnt let them see the whizinator.) I than called my probation officer up the next day and he said I would go to jail if I didnt take the test. So I tried the aspirin/dillution thing which failed, I tested positive for marijuana.
So now I dont know whats going to happen. I know jail is a definite possibility. Do you guys recommend I get a lawyer? I am 18 years old and currently enrolled in some class's?

wallstreetOG420

I'd say you should definetly get a lawyer. I'm not sure what the law is for violation of probation in your situation but I'd assume a little jail time is a possibility. Don't admit to anything or even say anything else until you get a lawyer, if you want to be safe about it

Buzzby

I'm not sure a lawyer would do you any good, but it couldn't hurt.

Generally, probation violation can be punished with anything up to doing the time for the crime for which you received probation. Some places will give you a second chance for a positive drug test, which usually includes frequent (sometimes daily) testing and/or drug rehab. The probation violator usually pays for the testing and rehab.

I was convicted of possession in 1970, before it was decriminalized in my state. I was sentenced to one year in jail, which was changed to one month in jail and three years probation. I was told that if I violated probation I'd have to do the other eleven months of my original sentence.

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FakeBoobsRule

In some cases there are set guidelines for probation offenses. In Florida I had a friend on withheld adjudication for possesion which is probation and if you complete the probation successfully then your record is expunged. The first dirty test was trash pick up for 20 hours. Second dirty urine was 48 hours in jail. Third or fourth dirty urine was a possible sentence on the original offense. The judge could ignore the guidelines but this was very rare.

In some cases you get a violation of probation hearing. The judge will weigh the pros and cons of what you have done so far during your probation and decide your fate. He could reinstate probation and let you continue without punishment or sentence you on the original offense or anywhere in between. The PO's opinion usually carries a lot of weight. Things in your favor would be a steady job or going to school, a lot of clean time before your first fail, going to NA meetings, drug treatment, etc. One of the biggest things judges like is that you have paid all your fines and court cost, restitution, and probation costs. A lot of it has to do with the money. I'm not saying all judges are like this but it helps a lot if you are paying and not a deadbeat. The state wants their money and it is hard to get it if they put you in jail and you aren't working.

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kinetix15

Great my life is officially ruined. I had another drug test yesterday, which I tested positive for marijuana. I haven't even smoked since my last dirty urine. So now im looking at two violation of probations and failure to go to counseling



... I guess how bad is jail?

FakeBoobsRule

Do they have the levels from the two tests? If the second test level is lower than the first test and consistent with the half-life of THC then it might help you out.

Buzzby

It depends on how "cute" you are...

Except that he's 18...

thechronic

Oh man, sorry that happened. They may not send you to jail but it's a definate possibility. Alot of it depends on how serious your possession charge was and the state it was committed in. Did they tell you the sentence that the probation took the place of? Your probation officer can tell you and will probably also tell you what their recommendation will be to the judge. It wouldn't hurt to contact a lawyer but, I'm not sure how much help they will be at this point.

kinetix15

My original offense was possession of marijuana and paraphernalia, in which I was caught at my high school with 4 grams on me. Michigan law for possession is up to 90 days in jail. It really sucks, I cant sleep anymore or even go a day without all the stress this has caused me. I used to be one of the happiest kids, now I can barely get through a day without being deppressed.

thechronic

As a juvenile, I highly doubt they will send you to jail. I can certainly understand the stress though, best wishes and just to be on the safe side, stay clean.