Illegal procedure involving drug testing?

[kjv1966]

What is the name of your state? California.

My son is on probation and his original crime did not involve drugs it was possession of stolen vehicle. Probation condition of weekly drug testing imposed. He failed a drug test given by P.O.- the simple kind with no cut off levels. They did not send it for second, confirmation test to a lab. Nor did they tell him he has 30 days to contest it and retest. He did take a retest at his court ordered drug treatment program though - same day - which was sent to a lab and it came back negative. They still violated him and he has been locked up ever since in juvenile hall - 5 MONTHS!

Please help - the judge will not even discuss the drug tests - what can we do

 

[xylene]

Your son is a juvenile. He was convicted of a very serious felony.

Does he have a lawyer? Where was his lawyer when he was violated?

If you say "he had no lawyer" well than blame the system that let wealthy habitual offenders go free and dishes out savage beatings to working class brown.

 

[Bretagne]

It seems strange that your son wasn't entitled to a court hearing before having his probation revoked. Have your attorney bring motions and get a hearing date to argue a change in conditions. A successful drug test given the same day as an unsuccessful drug screen seems pretty persuasive.

 

[xylene]

It seems strange that your son wasn't entitled to a court hearing before having his probation revoked. Have your attorney bring motions and get a hearing date to argue a change in conditions. A successful drug test given the same day as an unsuccessful drug screen seems pretty persuasive.

He WAS entitled to such a hearing, but did not elect that option.

It was not the job of the court or the PO to explain his rights.

 

[Bretagne]

Yeah, but as a juvenile I'm sure he had a court appointed attorney. He would not be allowed to waive his rights without a record being made to confirm that he understood what was going on. There should have been a deal cut for at least a joint recommendation by the state and the defense counsel. Now, he needs a private attorney to bring habeus motions or a motion to reconsider the terms of his probation.

 

[xylene]

Yeah, but as a juvenile I'm sure he had a court appointed attorney. He would not be allowed to waive his rights without a record being made to confirm that he understood what was going on. There should have been a deal cut for at least a joint recommendation by the state and the defense counsel. Now, he needs a private attorney to bring habeus motions or a motion to reconsider the terms of his probation.

This wasn't a trial. He was already convicted.

He was on probabtion with drug testing.

He failed the test.

The procedure availible was to contest the test results within 30 days. Getting tested again (and passing) on drug counseling is not the same thing.

The court is not obligated to inform the defendant (nor those already convicted) of the appeal options availible.

The court is not obligated to negotiate with the defendant.

Otherwise you raise a valid point - but the poster has not been back to answer what the role of the lawyer was in all this.

 

[Aria]

Sounds like he had a deferred sentence. He stayed free as long as he followed his probation terms. He violated them, so was given the deferred penalty. They're not going to retry him. They did that already.