Act 911 Probation and Failed Drug Tests

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Latest post Mon, Feb 14 2011 2:37 PM by Dean_Harding. 0 replies.
  • Mon, Feb 14 2011 2:37 PM

    Act 911 Probation and Failed Drug Tests

    I was acquited of a Class D felony back in 2007 due to mental disease or defect.  I was diagnosed with schizoaffective d/o bipolar type.  I had to go into a 5 year probation and attend day treatment every day.  During this last two years, I have taken around 12 urine tests; inwhich 10 came back posstive for methamphetamine (the first through third time this happened I took another screen; a hair folicle test, and those results were negative) and 3 for marijuana.  The first time a urine test came back possitive for marijuana I took a hair folicle test in it showed that it was negative.  The second time I tested  posstive for marijuana; no hair folicle test was done and I was sent to rehab.  The third time it came back posstive for marijuana on the hair folicle test.  sorry if this is confusing.

    Basicially, the way I see it, is that they are trying to say I failed 3 drug tests; when infact with the methamphetmine possitives proves the the urine screens can be innacurate.  One of the three was disproven by the hair folicle test.  Since the urine screens are innacurate the second marijuana posstive should not be used as substantial evidence, meaning I've only failed on test for illicit substances?  What should I do?  My revokation hearing to have my probation rovoked, sent to the Arkansas State Hospital and start the 5 years probation over again has not been set yet.  Should I hire a lawyer, or will my appointed public defender suffice.  Thanks

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