Drug Test False Positive Defense

My office is currently handling a Manufacture and Delivery of Heroin case. Manufacture and delivery of heroin is a very serious offense, if a person is found guilty of the lowest manufacture and delivery of heroin case involving less than 50 grams, the offense is a felony punishable by a prison sentence of up to 20 years, a fine of up to $25,000.00, or both.

Bond in these cases tends to be set very high. Bond is generally an amount of money that a person must post in order to be released from jail. It is essentially a promise to the court that says, “If I violate my bond conditions, or I don’t show up to court than I owe the court the amount of the bond.”

In this particular case the bond is $20,000.00, ten percent, which means the person must pay ten percent of the bond ($2,000.00) but if they violate by using illegal drugs or failing to show up to court they owe the court $20,000 and will be held in jail pending further proceedings.

Out client is a former marijuana user as well, but had not used in roughly a month. It came as a shock to our client when he was ordered to show cause as to why he should not be punished for violating his bond. The allegation was that he tested positive for marijuana at his most recent drug screen, indicating that he was still smoking marijuana.

Understanding Marijuana and Testing

The primary psychoactive ingredient of marijuana is THC, which is absorbed in red blood cells and plasma. THC penetrates into vascularized tissue and accumulates in body fat where it can be stored long term.

Several factors can influence the concentrations and the duration of detectability of THC metabolites. These factors include frequency of usage, when the sample was collected, body fat content, urine dilution, sensitivity of testing, and cutoff concentrations.

Marijuana Drug Test False Positive Defense Lawyer

This may come of a shock to you, but according to a governmental study it is highly likely that heavy marijuana users can be expected to have detection rates for approximately 28 days after the first negative test. Again, heavy marijuana users that stop consuming smoking marijuana and text clean should be expected to have THCCOOH (inactive THC) show up in tests up to a month later. This is because residual THCCOOH can excrete and show up on tests.

Marijuana Defense Lawyer Results

Luckily for our client we were able to educate the court as to how THC testing can result in false-positives over a month after the last use. As a result, our client’s bond was not revoked and he was able to go home to his family.

If you have been charged with a crime, or are facing a bond violation contact Michigan criminal defense lawyer, Aaron J. Boria today (734) 453-7806

Aaron Boria - I am a motivated Michigan criminal defense lawyer located in Metro Detroit. Practicing law is my passion. Helping others is motivating and rewarding. Feel free to contact me anytime!

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