Monday, October 13, 2014

VOP / Violation of Probation / Urinalysis / Failed Urinalysis / Failed Drug Test / Failed Drug Screening / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:   I failed my first drug test what happens now?  It was my last visit, paid all my fines and completed everything I was told to do. My probation was a misdemeanor.


Michael Adam Haber


Contributor Level 20


Lawyers agree
Answered .  You are facing revocation and a VOP. Not a smart move. All you can do now is shut-up, get offline and into an experienced Trenton area criminal defense lawyer's office and start planning on how to mitigate your loss. If you are lucky you will be terminated and done. If not then you can be sentenced.

That said, violations of probation (VOP's) are very different than substantive (new) cases. The terms and conditions of probation make it such that any material and willful violation can result in a no bond hold, a bench (not a jury) hearing (trial) with lax rules of evidence, admissible hearsay and a reduced burden of proof (a "preponderance of evidence" - or "more likely than not").

You should consider taking a look at my Avvo Legal Guide on surviving probation / CC in Florida as it contains valuable information which may be beneficial to you. For your convenience a link follows.

Please see: 
I hope that this has been helpful and wish you the best of luck!
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.)

Since 1991 Michael A. Haber, P.A. has been creatively, effectively and zealously representing clients, both juvenile and adult, 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"! 

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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