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  1. #1
    MI_concerned is offline Junior Member
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    Appeal revocation of probation

    Oakland County, Michigan- I have a friend who had served 30 days in jail for her 3rd DUI. She was then given probation with several stipulations. A condition of her probation was to undergo random drug testing. She was notified through the mail that she had a positive test and a court date was set. It should be noted that she is under doctor's care with valid Rx's that may have contributed. Subsequently, she had her probation revoked and was taken into custody to serve a 5 month sentence. After her test came back positive she took it upon herself to undergo blood tests at a local hospital in order to gather evidence of her innocence. The hospital gave her a clean slate. The judge denied any evidence from being entered and simply revoked her probation. Is there an appeals process which she can undertake, can the sentence be overturned and is there a precedent on the books that will help in her case? Another issue is that her meds require a certain amount of time to decrease dosage as the side effects can be psychologically and physically dangerous. Are jail staff obligated to see that this does not occur? Please help.
    Last edited by MI_concerned; 06-29-2005 at 05:35 PM.
  2. #2
    27Louisiana is offline Junior Member
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    Good luck trying to find someone here to give you legal advice. This website is a piece of crap. All they do is try to hurt you and give you negative advice. Hopefully all works out for your friend.
  3. #3
    BL
    BL is online now Senior Member
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    Quote Originally Posted by MI_concerned
    Oakland County, Michigan- I have a friend who had served 30 days in jail for her 3rd DUI. She was then given probation with several stipulations. A condition of her probation was to undergo random drug testing. She was notified through the mail that she had a positive test and a court date was set. It should be noted that she is under doctor's care with valid Rx's that may have contributed. Subsequently, she had her probation revoked and was taken into custody to serve a 5 month sentence. After her test came back positive she took it upon herself to undergo blood tests at a local hospital in order to gather evidence of her innocence. The hospital gave her a clean slate. The judge denied any evidence from being entered and simply revoked her probation. Is there an appeals process which she can undertake, can the sentence be overturned and is there a precedent on the books that will help in her case? Another issue is that her meds require a certain amount of time to decrease dosage as the side effects can be psychologically and physically dangerous. Are jail staff obligated to see that this does not occur? Please help.
    Well the Judge didn't buy it that the first test was positive because of an RX .

    I mean listen to yourself .

    Oh It was my RX that did it , but I got a second test and it was negative .

    Oh the RX has to be decreased over time , will the Jail staff do this ?

    2 and 2 = 4 , and that's what the Judge saw . Good luck on any sort of appeals , by the time it was ever heard , the inmate would be free .

    If you need meds while in Jail , the inmate should get them , If they disclose it at booking , and the Dr. there believes it should be ordered .
  4. #4
    calatty is offline Senior Member
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    In CA you can appeal a probation revocation, and you probably can in Michigan too, but by the time the Court of Appeal reaches a decision, your friend will have been released long since. The judge was not impressed with her own drug test because by that time the drugs had time to leave her system. Drug testing laboratories have sophisticated equipment that can distinguish between prescription drugs and say methamphetamine.

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