Client Violated Felony Probation for Second Degree Murder


The Charges

Florida Law Section 948.03 (1) (K) authorizes Correctional Probation Officers to conduct drug and alcohol tests on offenders. The random process of urine testing is conducted with no warn date. Our client who tested positive for cocaine during random testing while on a felony probation for 20 years was subjected to legal consequences.

Drug Offender Probation

Drug offender probation occurs when a person on probation fails a drug test.  This is quite frequently seen and is considered a technical probation violation.  Through the drug offender probation, one can seek help for their drug issues. This type of probation is geared specifically toward drug offenders with the mission of getting them needed help rather than locking them up in jail.

Drug offender probation has many requirements.  These requirements include:

  • Random testing - This testing is done by a random color code.  You will need to call into your probation officer twice per week, and if your color is chosen for that day, you will need to submit a drug test.  
  • Curfew - The curfew for a drug offender probation is from 10 PM to 6 AM.  All offenders must be at their residence between these hours. Your probation officer could make random checks to ensure that you are following this requirement.
  • Substance abuse evaluation and treatment - A drug evaluation will need to be done on behalf of the offender, and then a treatment program will be put into place.  These sessions will be paid for by the offender and usually run between $20 to $30 each. A series of sessions may be needed. 
  • Employment - Those on drug offender probation will be required to hold a job or show that they are seeking employment.  Your probation officer will follow up on this, contacting your employer to make sure you are holding down the job. While this may seem relatively easy, many places will not hire felons.  
  • Loss of License - Many drug offenders on probation have lost their licenses.  A hardship license can be applied for after six months. 
  • Travel Restriction - While serving drug offender probation, a travel restriction will be in place for the offender.  You will only be allowed to remain in the county that you reside in. An attorney may be able to work with a judge so the offender can visit family or travel for work outside of their county.  

Attorney Services 

If you have failed a drug or alcohol test during your probation, you will need legal representation.  Musca Law offers free consultations with criminal attorneys that have well over 130 years of combined experience.  We can help negotiate any charges that have been imposed on you, fighting fair and hard to benefit your case.  

RESULT: After aggressive negotiation with the State, Department of Corrections and his probation officer, our client was reinstated on his probation, with a remainder of 14 years, two of which must be completed on Drug Offender probation. LIFE SENTENCE SUCCESSFULLY AVOIDED!