December 15th, 2009: Violation of Probation dismissed, probation terminated as successful
December 15, 2009 Our client had been placed on probation on June 16th, 2009. In the first week of November, she was alleged to have tested positive in two drug screens. The probation officer filed an affidavit alleging this and Judge Bosso-Pardo issued a no-bond warrant for her.
We set a hearing date with the Court and made a motion to recall the warrant. After negotiations with the Assistant State Attorney, they agreed to not object to our motion. Thus, Judge Bosso-Pardo after hearing our arguments recalled that warrant. Our client was able to walk out of court without going to jail at all.
Norvell and Associates then began our investigation regarding the allegations the probation officer made regarding these positive drug tests. In fact, the drug screens only showed what they called "dilute" sample. The probation office treats them as a positive result because they argue it is a method used to made detection of drugs in urine difficult. Our investigations and research revealed that what probation call "dilute" was actually an indication that the sample has a low level of Creatine. There are many scientific and physiological reasons which would explain this result.
Our client was sent to an independent testing facility. Their results showed that the tests from the probation office were inaccurate. She did had a low level of creatine, but the samples from the independent lab showed it was not a "dilute" sample; instead, it simply required more sensitive instruments.
On December 15th, 2009 we appeared again before Judge Bosso-Parda. Based on our findings and the arguments presented the Violation of Probation was dismissed, and her probation was terminated as successful
(2008CT041410AXX)