Legal Question in Criminal Law in California

pc 1000 I am being forced into a prop 36 program by the court because of a presumptive positive drug screen. Everything I find regarding these screens explain that any positive result must be confirmed before reporting the result. Screening positive for amphetamines must be confirmed by a real test that can determine the presents of methamphetamine. If the confirmation test is not done just the presents of amphetamines a legal substance should not mean a dirty test. Screening are not testes they are a cost affective way to find the samples that require an actual drug test that is more expensive. I know I haven't taken any drugs. Yet the probation officer refused to have my screening confirmed and I had to ask the judge at my hearing to have the screening confirmed, which he agreed to. When I went back to court after being made to pay $50 to have a screening confirmed that should have been done before any hearing was scheduled, the probation officer in open court said that I had not had the test confirmed and that the sample has now been destroyed. I had the receipt from the lab in my pocket and I knew that presumptive positive screenings are kept for over a year. The judge would not let me say a thing when I tried to show the probation officer was lying. I have been in this program for 2 years, completed 43 of the 24 hours of class required, completed more than enough of the meeting requirements, has not been in any trouble in over the 18 months, I have completed the program, and now after all that this judge wants me the be put in prop 36 for an unconfirmed positive screening for a legal substance amphetamines. Are there any attorneys in Santa Clara County who think they could possibly help. I need to hire someone quick.


Asked on 12/04/12, 1:39 pm

1 Answer from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

I'm in San Francisco. At a minimum, I'd be willing to talk to you. You may call me at 415-336-7534.

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Answered on 12/04/12, 8:17 pm


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