Relapse On Probation? Keep Going To Treatment

By Author: Michael Dye
Total Articles: 4
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On August 1, 2012, the Florida Fourth District Court of Appeal issued an opinion in the case of Broome vs. State which can directly effect those who are recovering from drug addiction while on probation.In Broome, as a requirement of probation, the defendant was required to finish a residential drug treatment program. While in the residential treatment facility, the defendant tested positive for oxycodone and was terminated from the program. In spite of this, because of the defendant's candor and his acceptance of responsibility, the director of the program permitted him to re-enter the program if he came back after five days and tested negative for all drugs. During the period during which the defendant was "terminated" he continued to attend treatment at the residential facility. As agreed, on the fifth day after the defendant's termination, the defendant re-entered the residential treatment program when he tested negative.Two days after re-entering the residential treatment facility, the court held a status conference on the defendant's case. The defendant was taken into custody and, following the violation of probation ...
... hearing, the court entered an order revoking defendant's probation for being unsuccessfully discharged from the residential treatment program. The Fourth District Court of Appeal held that revoking the defendant's probation was an abuse of discretion on the part of the trial court. The appellate court cited to the testimony of the program director at the defendant's violation of probation hearing. The appellate court agreed with the proposition that "readmitting appellant to the program, he concluded that appellant's violation was not substantial to his rehabilitation." That proposition combined together with the fact that underlying concept of probation being for rehabilitation instead of punishment led the court to the conclusion that the defendant's relapse was a de minimus, as opposed to a substantial, violation.In the opinion, the appellate court recognizes the difficulty that individual addicts have regarding recovery and probation. The appellate court specifically rejects a "bright line" approach to violating probation simply for a positive drug test. The appellate court uses the approach that every case should be judged on the individual facts with the trial court paying careful attention as to whether the defendant is making an effort to comply with the terms of probation or is solely flouting the system.Michael Dye is a criminal defense attorney with an office located in Fort Lauderdale, Florida. Mr. Dye handles Broward County probationviolations. In the event you have been charged with a violation of probation please call (954)745-5848 or visit the website by clicking on the following link: Florida Probation.