My fiance failed a drug test because of medicine, will he have to spend the rest of his probation in jail? 3 Answers as of February 17, 2012

My fiancé was on probation, and he has passed all of his drug tests. Recently, he got sick. His ulcer got worse so he started taking medicine for it, plus medicine for his cold. The medicine that the doctor gave him made him fail his drug test at the class he had to take, and the lady reported it to his probation officer. He got all of the documentation from his doctor about the medicine, and brought it to his probation officer. His probation officer didn't care and wouldn't listen to him and was going to send him to jail. When he was waiting alone, he left before he got arrested because he would have stayed in there for about a month. He freaked out but we are having a baby any day now, and didn't want to miss the birth of our daughter. He is going to turn himself in after she is born. I am just wondering if he'll have to stay in jail for the remaining of his probation. It wasn't his fault that he failed the test and they wouldn't listen to him. What will happen?

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H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
It sounds like he has a viable defense based on the prescribed medicine. Help your fiance find a lawyer before the probation hearing is scheduled.
Answer Applies to: Georgia
Replied: 2/17/2012
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
It was not his fault that he failed the drug test? If course it was his fault. He put the drugs in his mouth. What you mean to say is he should not be penalized for failing the drug test because he had a valid prescription to take drugs. Your fiance is not that bright, because he cannot be violated for taking prescription medication, but he can be violated for leaving the probation office, before his case is addressed. So, he is in more trouble for leaving than the failed drug test. I suspect that the probation officer had her last nerved worked by your fiance. When the drug test was failed the probation officer ws fed up with your fiance, and exploded, or your fiance did not have his prescription with him. Because I don't know how much time he has left on probation, and I do not know what the probation officer will allege on her petition in addition to the leaving the office, I cannot guess if your fiance will spend the remainder of probation in jail. However, I suggest that he retain an attorney and turn himself in.
Answer Applies to: Georgia
Replied: 2/17/2012
Speaker Law Firm
Speaker Law Firm | Theodore Speaker
It is up to the Judge to sentence time in jail. Take the Dr. to court with you to testify on his behalf.
Answer Applies to: Georgia
Replied: 2/17/2012
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