On Probation and Charged with Drug Use Violation!

Published: 19th May 2011
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When an attorney in Frederick, MD is able to help you get probation instead of a prison sentence, there are rules that must be closely followed and requirements that must be met. In many cases, one of the requirements is periodic submission to drug testing. As long as you pass the drug tests, you are allowed to remain on probation.



Probation is certainly better than serving time in prison, but prison is always a possibility if you fail a drug test. Probation can be revoked at any time by the court, so if you test positive for a drug test your very freedom is at stake. Unfortunately there are situations where people are accused of using drugs when in fact they are innocent. For this reason the first thing you should do if the probation officer claims you used drugs, or violated any other rules for that matter, is contact a defense attorney in Frederick, MD.



Drug Testing is Not a True Science



Drug testing is not a true science because people make mistakes or circumstantial events make it appear drugs have been used when in fact they have not. For example, the drug tester may not have probably handled the test specimen which is usually urine. Drug testing can produce faulty results too, and most of the time a double specimen is not taken so no verification of test accuracy is obtained.




There are even cases in which people are unable to produce a urine specimen out of nervousness or embarrassment. Sometimes the probation officer assumes that means the person has used drugs and is purposely not submitting a specimen. These types of accusations are difficult to defend yourself against unless an attorney is involved.



Defending against the drug use charge is important if you want to remain on probation. An experienced criminal defense attorney in Frederick, MD can evaluate the procedures used that led to accusation of probation violation. The goal is to find possible reasons for having the drug test thrown out and not considered for purposes of probation.



Reviews circumstances leading up to drug test

Evaluates drug testing procedures

Questions type of drug test used and how results are obtained

Requests review of drug testing documentation

Questions chain of command

May request a re-test if in the best interests of the client



The attorney in Frederick, MD may even request live chemist testimony at the probation revocation hearing. Maryland laws allow the defendant to request this type of testimony, and often it works to the probationer’s benefit. That’s because the defense attorney can question in detail the steps that were taken and will frequently be able to cast doubt on the procedures.




Probation is Difficult Enough



Probation is difficult enough without being accused of drug use. If you or a family member is charged with probation violation don’t assume there is no defense. A criminal defense attorney in Frederick, MD can help by insuring your rights are fully protected.



The Law Office of Marc S. Ward provides Legal Services to Frederick, MD. Call 301-662-2911 for Free Consultations Available. for more details on Attorney Frederick, MD and Defense Attorney Fredrick, MD please visit our website www.wardlawoffices.com

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