View Full Version : Rehab while on probation, violation?


jul
03-08-2012, 08:15 PM
A friend of mine is currently on probation in Fla.He's been fighting drug addiction for many yrs. and has started using again.He wants to go to a rehab but fears violating probation.He's considering talking to his P.O. and asking for help but doesn't want to be sent back to prison.What are his options???

sidewalker
03-08-2012, 08:57 PM
Is he not drug tested? One would assume he is, if that is why he was in prison.
If he wants to go to rehab, and he's serious about it, I'd be asking his probation officer what to do. Or ask an attny maybe, first.
I hope he gets the help he needs.

jul
03-08-2012, 09:18 PM
He is drug tested, although he has never been convicted of a drug crime.He's not worried about getting around the tests.He just knows that this will eventually lead him back to jail.Thank you for your response.I think that talking to a lawyer may be the answer.Thanks again.

yourself
03-08-2012, 09:40 PM
It's great that he wants to go to rehab and kick. His best bet is to find a program, figure out when he can get in, and then talk to his PO. The more affirmative action he takes, the better off he'll be. He'll want to talk with a lawyer and have his lawyer talk with his PO if he's going to make an admission against interests (I'm doing drugs again and want to go to rehab v. I'm an addict and want to go to rehab) or if he doesn't have a good relationship with his PO.

The POs around PTO will answer, but I'd think that if he has a good relationship with his PO, and his PO is working with him, then talking one on one with the PO may be possible and perhaps preferable? But, when in doubt, do it through an attorney.

BUT, he should take affirmative action on his own. What he really doesn't want is to try to make his PO find a program, etc for him. He also doesn't want to get busted for drugs waiting for a bed to become available.

alwaysfree
03-09-2012, 04:49 AM
So he's going to tell his PO he's using drugs and has been cheating UAs and wants to get in rehab. He'll probably be doing his rehabbing in a jail cell. I actually heard stories like this in Narcotics Anonymous, they didn't turn out well. It takes a long time get in a rehab program around here ( year or longer) unless you have big $$$. Talking to a lawyer couldn't hurt but this is certainly classic being between a rock and a hard place. Goodluck to you both!

jul
03-09-2012, 06:08 AM
Thank you all for your advice.He certainly is caught between a rock and a hard place.I knew there would be no easy solution to this problem.

26thncaliswag
03-09-2012, 06:27 AM
He could just go all in and motion his case in court and ask the judge to amend his order and include substance abuse treatment. My cases, we'd let him enter rehab and work through his substance abuse issue. But I can't speak for Fl. They may not be so liberal. If he was to go to his PO, he may not want to tell him about how long he's been using and/or beating UA's. Simply asking for help with treatment is what he asking about.

aruone
03-13-2012, 03:34 AM
Going to rehab will not violate an individual on probation, at least in the State of Florida, EVEN if they do not notify the officer before they go, as long as they do while they are in there.

Source: I was just in an inpatient drug treatment facility with a few guys who had the same issue.

chase23nj
03-15-2012, 05:48 PM
from what i ahve learned from being on probation since last may is to always be honest with your p.o.. maybe it is differnt in new jersey where i am but i think if i went to my p.o. and said i wanted to go into a rehab he would be proud of me and do his best to help me get there and i think he would praise me for wanting to better myself. he doesnt have to admit he is still getting high if he doesnt feel comfertable doing that , if i was him i would simply say " i have been having cravings and last time i had cravings it got me in troubble so i want to get this under controle by going to rehab now before anything could happen" although you should check with his lawyer first since i am not aware of your laws but from what i have seen is p.o.'s like judges are people too , many people are scared to explain things or talk to them because they pretty much hold your life and future in your hands but in my exp with people in my life is honesty is the best quality people dont like to be lied to and they respect and are more likely to help people who are honest with them. good luck

alwaysfree
03-15-2012, 09:42 PM
from what i ahve learned from being on probation since last may is to always be honest with your p.o.. maybe it is differnt in new jersey where i am but i think if i went to my p.o. and said i wanted to go into a rehab he would be proud of me and do his best to help me get there and i think he would praise me for wanting to better myself. he doesnt have to admit he is still getting high if he doesnt feel comfertable doing that , if i was him i would simply say " i have been having cravings and last time i had cravings it got me in troubble so i want to get this under controle by going to rehab now before anything could happen" although you should check with his lawyer first since i am not aware of your laws but from what i have seen is p.o.'s like judges are people too , many people are scared to explain things or talk to them because they pretty much hold your life and future in your hands but in my exp with people in my life is honesty is the best quality people dont like to be lied to and they respect and are more likely to help people who are honest with them. good luck

You say he should be honest and then you say he should just admit to cravings.:D I'm pretty sure honest means saying I'm doing drugs and cheating on the UA test but I could be wrong:D

WA CCO
03-16-2012, 12:14 AM
For me, just saying you want to go to treatment isn't enough. If he's serious he needs to walk into his PO's office with a bed date, proof of attendance at NA/AA meetings (and not just sitting there getting his slip signed).

Overall, he needs to show he's sincere about getting sober and staying that way. In my experience, all too often offenders say they want to treatment in hopes of not going back into confinement but don't really take it serious.

jul
03-21-2012, 07:46 PM
He went in and told his p.o. he had smoked pot and wanted to go to rehab .She tested him on the spot and his nerves got the best of him.He couldn't go.He's waiting to be served with the warrant.So much for honesty.

alwaysfree
03-21-2012, 09:09 PM
Sorry to hear that. He should have expected to be violated. You don't walk into to your PO office and admit to committing a crime for ANY reason. Tell him not to tell other inmates that he ratted himself out or they will laugh and tease him constantly for being a fool.

jul
03-22-2012, 04:33 AM
It was either admit drug use or it would be written up as a refusal, and since he was looking to get help, he confessed.I think he was more concerned with getting help than being "teased".

alwaysfree
03-22-2012, 05:13 AM
So they had planned to test him on the spot even if he hadn't admitted to using? That's not what you said in your post. In any case it's too late to worry about any of that now, he needs to get in a program either inside or as soon as he gets released. Live and learn. He still needs not to tell other inmates he ratted himself out. They think if you'll rat yourself out you will also rat others out. Inmates teasing other inmates is not like in school. It's harassment and can get ugly when you get a snitch tag on you.