June 18, 2010 By Wallin & Klarich

TMZ recently reported that Lindsay Lohan may be cleared of her potential probation violation. Following the MTV Movie Awards, Ms. Lohan’s SCRAM alcohol monitoring bracelet detected alcohol in her system, a clear violation of her probation. However, it is reported that the following morning, Ms. Lohan went to the L.A. County Probation Department where her urine tested negative for alcohol. Allegedly, sources connected with the Probation Department have stated that Ms. Lohan is in full compliance with her bail conditions.

It is California public policy to decrease the likelihood of repeat drug offenses by providing rehabilitation services to those convicted of nonviolent drug possession offenses. Under the California Penal Code Section 1210.1(a), any person convicted of nonviolent drug possession will receive probation instead of incarceration. As a condition of probation, the defendant must participate in and complete an appropriate drug treatment program. In addition, the court can require participation in vocational training, family counseling, literacy training and/or community service. It is important to note that a court may not impose incarceration as an additional condition of probation.

If you have been charged with a nonviolent drug possession offense, it is important that you retain an experienced criminal defense attorney as soon as possible. If you successfully complete your drug treatment program, all charges will be dropped. However, if at any point during the course of your drug treatment you have been found to be un-amenable to the drug treatment programs, for example by consistently violating your probation, the probation department can revoke probation and impose incarceration as the appropriate alternative punishment.

If you or a loved one has been charged with a nonviolent drug possession offense, you should seek the assistance of an experienced criminal defense attorney, as the consequences of probation violation in nonviolent drug possession cases can become serious. Our criminal defense attorneys at Wallin & Klarich have over 30 years of experience taking on cases just like yours. We will look at the particular facts of your case to determine the best defense strategy that will result in the most advantageous outcome. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be here when you call.

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