Probation violation for missing drug class?

Two years ago I was charged with Possession of Ecstasy and Cocaine, two 3rd degree felonies. Did drug court for about 6 months, failed from missing too many classes. Sentenced to 0-5 years in USP, suspended on the conditions I complete 3 years probation, substance abuse treatment, and serve 90 days jail.

About 8 months into probation I miss too many classes again, my PO refers me to another substance abuse program. After 1 year on probation I again missed one too many classes, due to working very late shifts. Now I have to see the judge for what I'm assuming is a PV.

Called PO today and he wasn't happy, but I asked him if I'm going to jail and he said "probably not". He also suggested I get into another treatment program before court, which I will. I'm supposed to call him next week to find out when there's an open court date.

I've done alright on probation. No dirty UAs, no dilutes, missed one appointment, and missed the classes I mentioned. Haven't broken any other rules, and this is my first rodeo other than a previous DUI (lowered to impaired driving). I'm 20 years old, I work 32 hours a week, I have a car, I live with my family.

This is in Utah, and our jails are packed full. The prison just released 850 inmates and laid off 175 correctional officers due to budget cuts. I'm not sure how relevant it is that I have a job, but they're hard to find right now, and I'm lucky enough to have one.

My question is... is it very likely I will get jail? Again, my PO said "probably not". With all do respect, I don't have a drug problem anymore, and never will again. I've attended so many drug classes, just not consecutively enough.

I'm really hoping for community service, revoke/restart, extra fines, pretty much anything except jail. By now I have paid for my non-violent crime and rehabilitated myself... I just can't get to a drug class on only 4 hours of sleep sometimes.

Update:

Forgot to mention, on the phone my PO also kept saying "keep your job". Of course I'll prepare for the worst but more importantly than that, I need to set myself up for the best. Which means getting into more classes before court, making a payment, bringing pay stubs, and thinking up a short yet logical explanation for myself.

Until then I'm just trying to calm myself down as much as possible. It just seems pointless for them to send me though, especially if I do the things mentioned above. I would lose my job, get kicked out of class *again*, and basically get pushed way farther behind than I was when I started. It's not like I used drugs again. I've stayed out of trouble, I've got a car/license now (probation would be impossible without one).

Transportation is the reason I got kicked out the first couple times, this time it was because of my work schedule. Now I've worked all of that out. The problem is I started new classes at the same time I started a new job, and neither of them

2 Answers

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  • Raatz
    Lv 7
    9 years ago
    Best Answer

    That's exactly how Lindsay Lohan wound up in jail (the first time). It depends what state you live in, I'd say. Be prepared for the worst. The drug laws are draconian.

  • Anonymous
    9 years ago

    Explain about 4 hours sleep etc. to the Judge. Don't talk on too long.

    Jail is very unlikely. Do what you need to do and get this off your back. Congrats. on kicking the drugs.

    Source(s): jail staff
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