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Blog · August 5, 2016

Should I be straight forward with my Probation Officer or just hope he doesn’t give me a drug test? ~ “Best Answer” on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Do they drug test if you’re not on drug offender probation, and if so, what will happen if I fail my test?  I went to watch fights at a get together this past weekend and ended up eating some snacks. No one informed me that the cookies and other snacks had THC in them. I ended up getting really high, and immediately felt sick to my stomach. I have been on felony probation for almost two years without any incidents. Kept a full time job, the same one since I’ve been on. Never missed a payment, basically been the perfect probationer. But now I’m freaking out because I have an appointment to see my probation officer next week. I didn’t have drug charges (concealed weapon and criminal mischief). I have never been drug tested the entire time I have been on probation, but I can’t help but to feel nauseous. Should I be straight forward with my probation officer and tell him what happened, or should I just hope he doesn’t give me a drug test? If he does give me a drug test and I fail, what will happen? I’m so disgusted with these people for thinking it was funny! This is my life and I’ve done everything perfect the entire time I’ve been on probation. 

A:     Selected as “Best Answer” by Asker on www.AVVO.com

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2 lawyers agreed with this answer

James F. Feuerstein III
James F. Feuerstein III
Criminal Defense Attorney – Tavares, FL
Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL

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Best Answer
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Answered . Q: Should I be straight forward with my probation officer and tell him what happened, or should I just hope he doesn’t give me a drug test?

A: Tough call. If they’ve not drug tested you yet then they probably won’t, in which case you might want to keep your mouth shut (rather than incriminating yourself); but if you do get drug tested then you’d be better off with a head’s up. You will have to decide this one on your own. Do you feel lucky?

Q: If he does give me a drug test and I fail, what will happen?

A: You can expect to be violated.

Q: Do they drug test if you’re not on drug offender probation?

A: They can. It is standard condition of probation (drug or not) that any probationer can be randomly tested. Whether they do or not is up to the individual PO.

Q: what will happen if I fail my test?

A: Again, you can expect to be violated.

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.)

Established in 1991, Michael A. Haber, P.A. has an unblemished record of providing creative, effective and zealous representation to clients, primarily in South Florida, on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 


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


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