Trust me, you would rather be presumed innocent in Florida, versus Tehran. From time to time, American courts chip away at the meaning of our criminal laws, and as such, we are creeping towards interpretations more in line with Tehran than Miami.
Queior , Fla. The bad decision in Queior arose out of a violation of a probationer because he tested positive for drugs. As we all know, a condition of probation is that you must not use illegal substances.
So, how is a probationer violated via a positive drug test? Probation officers utilize cheap little portable urine test kits to screen for such violations—but up until now—no probation officer was qualified to discuss the scientific outcome of such a test result. After all, what sort of proof can a probation officer really give the court, other than witnessing a wet urine stick turn a certain color? And, our legal system only protects citizens when their defense attorney can conduct a meaningful cross-examination.
The truth revealing engine of cross-examination grinds to a standstill when a probation officer can say nothing intelligent about the scientific test he performed.
In a very general way, such protections are afforded by our constitutional right to due process when facing prison time. As of today, those rights are just about out the window. Violation of probation hearings are a relaxed event, legally speaking. By relaxed I mean you have about the same chance of being convicted as you would in some middle eastern countries depending on the defense attorney and judge, of course.
One relaxed rule in a VOP hearing involves the use of hearsay testimony. Sure, it may be true, but a little eyewitness testimony would be far better proof than middle school gossip. You cannot refuse to submit to urinalysis on demand.
If you do, the refusal will have the same effect as a positive or dirty test. Parole is highly structured. Generally, you will have a particular parole officer assigned to supervise you and determine what your exact conditions of parole will be. In turn, these conditions are often related to the crime for which you were incarcerated.
There are different levels of parole, ranging from minimal to very strict. If you were convicted of a violent or sex offense, you can expect to be at a much higher level of supervision than someone who was convicted of something less serious. Typically, only felonies carry prison time. Misdemeanors are usually handled with either fines, community service or short sentences served in the county jail. While you are on parole, certain civil rights are withheld and will not be restored until after successful completion of your parole.
For example, you cannot vote. You do not have protection against search and seizure. You cannot refuse to allow a peace officer to search you or your residence, with or without a reason. You may be prohibited from associating with certain persons. You may not be allowed to be in place where alcohol is served or sold. However, these rehab centers may not provide the best care for your personal situation and often have long waiting lists.
The most effective addiction treatment programs are created with the individual in mind. You may only be required to attend an outpatient rehab program for failing a drug test on probation. However, many people benefit from inpatient care that removes them from everyday distractions and takes the time to delve deeply into underlying issues.
Vertava Health has several residential treatment facilities across the country that use a multidisciplinary approach to heal addiction. This includes behavioral therapies that help you change unhealthy thought patterns, as well as yoga, art therapy, and recreation that supports overall health.
Choosing a rehab program that meets your unique needs increases your chance of avoiding future criminal offenses and breaking free from addiction for good.
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