Consequences Of Failing Drug Test During Probation

Drug testing is quite common in most American workplaces. It is carried out to ensure that the work environment is safe and more productive. Some may argue that what an individual does after work is their own business. However, substance abuse often leads to addiction, and that can affect an individual’s family and work life. That’s why most companies tend to test their employees for substance abuse on a regular basis.

Drug testing on probation is a serious matter. If you fail a drug test in your workplace, the worst that can happen is your termination from the job. However, if you fail a drug test while on probation, you can even get some jail time. This is where the role of a criminal lawyer comes into play. Drug testing is just one of the many hurdles of the probationary period that you have to deal with.

What is Probation?

Sometimes, the judge translates the charge sentence into a probationary period. Instead of serving time in jail, they are allowed to go back to society with a few restrictions. The judge also assigns a probation officer who supervises the individual on probation. If your crime is not serious, there are chances that you might be put on probation. Make sure that you are sincere and on your best behavior in court. If your criminal defense firm convinces the judge and jury to go easy on you, you might be looking at a probationary period instead of heavy fines and serious jail time. More and more countries are adopting probation as an alternative to jail time as it allows the guilty party to redeem themselves and reintegrate into society.

It’s easy to confuse probation with parole. The aim of both of these privileges is the same – better rehabilitation of convicts. Probation is often part of a court’s sentence. With probation, an individual can avoid complete or partial jail time. Parole, on the other hand, is a privilege granted to incarcerated individuals. If an inmate behaves well and convinces the warden and the prison parole board that they are ready to reintegrate into society, they are released on parole. They are also assigned a parole officer who reports to them on a regular basis. Both of these privileges come with certain restrictions and limitations. For instance, individuals on probation are not allowed to fly out of the country.

Rules to Follow if You’re on Probation

There are certain restrictions and rules in place for those who are on probation. These may vary very minutely from state to state but are more or less the same everywhere.
Those who are on parole are subject to random drug testing. The testing is spontaneous, so the integrity of the results can be maintained. Usually, one will be informed about drug testing by their probation officer.

There are also restrictions on one’s mobility. Those who are on probation cannot leave the country or their state. In some rare cases, individuals on probation are also not allowed to leave the district.
Individuals on probation can also be subject to mandatory counseling and community service. They also have to meet with their probation officer on a regular basis. The probation officer keeps a check on that particular individual’s activities.

Apart from that, there are also social restrictions in place. Those who are on probation cannot attend certain social gatherings. Moreover, their financial condition is also actively monitored by their probation officer. In some cases, there are also curfews in place for those who are on probation.

It might be obvious but those who are on probation have to refrain from criminal activities. If caught, the judiciary can mete out a harsher punishment. Those who, for instance, fail drug tests or are caught while engaging in criminal activities during their probation period face severe consequences.

Failing a Drug Test on Probation

Those who are on probation have to refrain from consuming illegal drugs and even alcohol. This is to ensure that they do not slip into a life of crime or end up repeating the same criminal behavior. Frequent drug tests ensure that a person on parole or probation is not consuming any drugs or alcohol. If one fails such a drug test, the consequences can be severe. Of course, there are several factors that are taken into account by the probation officer when that happens. For instance, if it’s the first violation, the individual is usually let off with a warning.

However, whether one gets a warning or not depends upon their original crime which caused them to end up on probation. For instance, if a drug dealer is on probation, they might face severe consequences even if it’s their first probation violation in the form of failing a drug test. It would imply that they are back in using drugs, and the chances of them going back to their old life is high.

It is usually the second violation that causes people to end up in jail or pay huge fines. If you fail a drug test for the second time on probation, it can lead to serious jail time, lengthening of the probation period, heavy fines, and even revocation of the probation. In such a case, it’s best that you lawyer up and prepare your defense.

Handling the Aftermath

It is every individual’s right to appeal the results of a probation violation. Hiring a decent attorney can also better your odds. Although, one has to file an appeal within 30 days of the judgment. It’s better that you try to appeal to the judge before a judgment is passed on the probation violation. To reduce the severity of consequences, you can apply for additional counseling, and rehabilitation programs, and some social service work. This can improve your reputation in the eyes of the judge, and you might not end up facing drastic consequences. Of course, your attorney will also play a major role in the outcome of the probation violation judgment as well as the results of the appeal.

If you are in a similar situation, it’s best you lawyer up quickly. You can visit https://arizonacriminalattorney.co/mesa/ for more information.

The Hogle Law Firm in Mesa
1013 S Stapley Dr
Mesa AZ 85204
(480) 999-5334

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