breaking probation

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breaking probation

When my son was arrested 45 days ago for position of coke, which is being contested by a lawyer as not his. At this time they did not do a **** test only a breath test. He posted bail and needed to summit to a **** test twice a week. Which they still only did breath test. They finally did urine test last night and found pot in system, he said the only did pot the day of arrested. As we all know pot stays in your systems for days to months. Can is this be a violation of this parol or can he be release from jail till his next court date. His record is clean

Asked on May 9, 2009 under Criminal Law, Minnesota

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It's my understanding -- confirmed by a wikipedia article, http://en.wikipedia.org/wiki/Drug_testing -- that a urine test will show marijuana use only up to 30 days.

It's possible that the result was a false positive, and that a re-test would come back negative.  I have to say that it's also possible that your son is not telling you the truth about when he last used the drug.

Your son's attorney is the one who should be dealing with the potential bail violation, and looking for a re-test (or arranging for one to be done on your own).


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