Here’s a very interesting hypothetical legal question: Let’s assume that “Dave Defendant” is convicted of a certain crime – whether a misdemeanor or felony –and is sentenced to probation. Part of his probation terms require that he remain drug-free, and submit to random drug tests administered by the Department of Probation.
One day, Dave Defendant’s drug tests come back positive for a controlled substance. His probation officer brings Defendant back before a judge, for what’s known as a “probation violation” hearing. The judge finds that Defendant had indeed tested positive for prohibited drugs, which means that Defendant violated the terms of his probation – which authorizes the judge to sentence Defendant to jail. Should this be done – should such a person be sentenced to jail for relapsing during drug recovery? Continue reading