Our client was on probation at the 52-1 District Court in Novi, Michigan, Oakland County for disturbing the peace.
She had no history of drug crimes or history of even trying drugs. Nonetheless, the court had ordered her to randomly test for drugs on a regular basis. Three months into probation she tested positive for opiates and benzodiazepine. She tried to explain to her probation officer (who shall remain nameless) that she did not do drugs and there must be a mix up.
The probation officer refused to give her a break and choose to “show cause” her for a violation of probation.
Before the client met with our office let’s think about the following; the probation officer must have ignored or given little credence that our client had no history of drug offenses, our client had completed a prescreening investigation that reveled she had never abused or even tried drugs in her life, and it was also ignored that this was an alcohol related offense and not drugs.
It was at this point that the client came to our office for help. We had an independent drug test performed; the results were negative for all drugs tested.
We sent a letter to probation with the results and request to contact us with any questions. The probation officer did not call our office but did call our client and indicated to her that the violation would be dismissed but we would still have to come to the court.
When we appeared at the 52-1 District Court the probation officer lied, she went back on her word, and began to accuse our client again of using drugs. She even went so far as to insult the independent test we had performed by Concentra, a company that regular performs drug tests for major business. She even claimed that JAMS could not have mixed up her test or made an error – ARE YOU KIDDING!?!?!?!
Probation took their lack of professionalism to yet another level, they began to harass our client and tell her that she would be going to jail! Probation had the never to ask for an adjournment and at the same time ask for increased testing without a hearing – a constitutional violation.
Our client was in tears. She was being truthful, but no one would believe her but us. That was until the case went in front of the judge.
Judge Bondy is a tough and firm judge; he has been known to hand out hard and lengthy sentences. In this case I have to say that I admire his willingness to do the right thing. When we went on the record and raised the issue and presented our case he had the courage to make the right call and dismissed the case when he saw the clear evidence that our client was sober, clean, and drug free.
If you can detect that this case pissed me off than you are correct. Too many probation agents forget that their job is much more than to punish, yet they see themselves as an extension of the police. By no means do I mean to indicate all probation officers act this way, and in fact many are excellent. However, those are not the ones we dealt with in this case.
If you have been accused of a bullshit charge, violation of probation, or some other charge contact criminal defense lawyer, Aaron J. Boria today. We don’t roll over, we fight and we get results!