Probation Violation Dismissed – 35th District
Our client was on probation at the 35th District Court in Plymouth for possession of drugs. One of her conditions of bond was not to use drugs and to submit to drug testing randomly.
She violated probation by using marijuana and failing to test. She went in to the court and plead guilty to the allegation in front of judge Lowe. Five days later her probation officer violated her again for the marijuana metabolite still showing up in her system. If convicted our client would have faced up to a year in the Wayne County Jail.
After she called Aaron J. Boria the violation of probation was dismissed.
Charged with a crime in Plymouth, Canton or Northville? Plymouth lawyer, Aaron J. Boria, fights for his clients and obtains results that his completion simply cannot. Call (734) 453-7806 or email him directly at BoriaLaw@gmail.com.
What happens if I violate probation?
If you are on probation and you violate you face the maximum possible penalty for the offense you are on probation for. For instance, possession of marijuana carries up to one year in jail, so if you are on probation and you violate the judge could give you up to one year in jail.
You could also face a new criminal charge. For instance, if you were on probation for possession of marijuana and you get arrested for drinking and driving then you would face the new DUI charge and the probation violation.
35th District Court Probation Violation
Plymouth lawyer, Aaron J. Boria argued that you should expect to see the marijuana metabolite still showing up in such a short period of time after a person used. Probation ultimately conceded and dismissed the probation violation. No penalties were added and our client’s original conviction is still sealed from public record.
This case was heard at the 35th District Court in Plymouth. In that court the procedure is to check in with probation where they will tell you what the recommendation will be if you plead guilty to the charges. Then you go see the judge, which in this case was Judge Lowe (You could also have Judge Plakas or Judge Gerou). The judge will ask you how you plead to the charges. If you plead guilty he will sentence you and if you plead not guilty you will have a hearing where guilt will be determined.
In this case the probation violation allegation was ultimately dismissed after our client plead not guilty.
Procedurally our client plead found guilty to possession of drugs back in October with the special HYTA status.
In late January, and twice in February she tested positive for using marijuana and didn’t show up for testing the last week of February and first week of March around the 9th. She was violated by 35th District Court probation and went to see judge Lowe. She plead guilty and she was ordered to do five days on the work program, an alternative to jail.
Five days later she tested again and the marijuana metabolite was positive in her system. (A metabolite is evidence that marijuana was consumed at some point. Marijuana is fat soluble so evidence of its consumption stays in your system longer, usually 3-4 weeks.)
Probation tried to ague that the metabolite was an indication of recent use. Plymouth lawyer Aaron J. Boria obtained a copy of the lab report, which revealed that the amount of the metabolite was so low the drug was probably on its way out of her system from possible use back in early March and not new use. If this were true the violation would have to be dismissed because she already served five days of work program i.e., she was already punished. Probation agreed that they could not prove otherwise and dismissed the violation.
Plymouth Lawyer – 35th District Court
Plymouth lawyer, Aaron J. Boria appears in the 35th District Court on a regular basis, usually several times a week. Boria knows the ins and outs of the 35th District Court and what to expect when dealing with the police, judges, prosecutors, and probation department.
Plymouth lawyer Boria has won multiple trials at the 35th district court, in fact Boria has won a trial in front of every single judge at the court, something few if any other criminal lawyer can say.
Charged with a crime in Plymouth? Call (734) 453-7806 or email BoriaLaw@gmail.com today to speak with Aaron J. Boria, criminal lawyer. Boria’s office is located less than a mile from the court house at472 Starkweather Street in Plymouth; feel free to drop by as we have an open door policy.