Friday, October 10, 2014

PTD / PTI / Diversion / Pretrial Intervention / Pretrial Diversion / Drug Test / Urinalysis / Failed Drug Test / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:  Do you go to jail if you fail the drug test for ptd on the first time?  Less then 20 grams of cannabis and paraphernalia.
A:  No but you you might get bounced out and be forced to face your original charges. 

I cannot speak to the 407 but in the 305, where I have been primarily practicing for the past 23 years, if you fail an initial drug test (whether for pretrial release, probation or PTI/PTD) you will normally be offered a second opportunity to have clean urine in an amount of time that is commensurate with the substance which was detected in your urine (i,e. usually 30 days for marijuana, 3-7 for cocaine, 7 - 14 for opiates, etc). If you test negative on the subsequent go about then you are okay; if not then not so much.

That said, diversion is a program which is designed to make you think twice about future criminality by way of making you jump through a series of proverbial hoops during a period of supervision, successful completion of which results in a dismissal. The program is owned and operated by the State Attorney's Office and they have absolute and unequivocal discretion as to whether to admit you, keep you or "graduate" you from their program.

Please take a look at my Avvo Legal Guide on diversion in Florida. It contains a great deal of information on the subject and should be helpful to you. For your convenience a link follows:

Please see: http://www.avvo.com/legal-guides/ugc/pre-trial-intervention--diversion-what-is-it-and-is-it-right-for-me

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 



Michael A. Haber, P.A.:  Zealous criminal defense advocacy since 1991 for both juveniles and adults, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  At Michael A. Haber, P.A. "its all about reasonable doubt"!

At Michael A. Haber, P.A. "Its all about reasonable doubt"! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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