i have a bipolar disorder a **** problem i have 3 positive urine while in tretment will i go to jail

Get Legal Help Today

 Secured with SHA-256 Encryption

i have a bipolar disorder a **** problem i have 3 positive urine while in tretment will i go to jail

Asked on June 12, 2009 under Criminal Law, New York

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you are on probation, the issue will be what your probation officer thinks of the positive drug tests and whether or not they are from prescribed medications taken as a result of your illness. It is in the discretion of your probation officer as to whether you violated probation terms. If he feels you have then you will be violated and you will be charged with probation violation. The ramifications of this then become at the discretion of the Judge who originally sentenced you. If the underlying charge was for drugs and you are doing the same drugs in treatment, you in all likelihood will be terminated from probation and given jail time. There are a lot of factors involved and I suggest you immediately contact an attorney in your area to discuss your options. This is especially true if you have been violated but it may be a good idea to contact one even if you have not yet been violated because the attorney may be able to speak with your po and resolve it before it gets that far.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not exactly sure of your question here.  It sounds as though you are on probation.  If that's the case and you have had not one, not two, but three positive urine tests (I assume for drugs), then yes it's a pretty fair assumption that jail time is in your future.  However, without more details its hard to say for sure.

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

Answered 12 years ago | Contributor

How your illness could affect your possible prosecution on a substance abuse charge is something you need to discuss with an experienced criminal defense lawyer in your area.  The law about mental illness as an excuse varies from state to state, and tends to be very sensitive to the unique facts of each case, including what a psychiatrist is willing to say under oath.  You need to be very honest with your attorney and your mental health providers, at this point, to get the help you need and to have your best interests protected.  One place to find a lawyer who can help you is our website, http://attorneypages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption