Show Cause

[Crazyeyd]

I have a show cause in a few days for not returning to ASAP immediately after the birth of my baby (long story, but basically, I had this HUGE open wound from where the couldn't sew up the c-section)....


What are the odds that they are going to require me to drug test that day??


The charge is in Williamsburg, VA... also, when I was originally convicted of DWI, I had to go to this program (ASAP) and took a drug test when I was admitted. I failed the test, but all that resulted in that was that I had to go to an extra 16 weeks of some other program, I didn't receive a charge for that (because it was less than 30 days after I was charged).

I am thinking since I did fail for marijuana though they might send me right after court to go test....??? Hoping not.

Anyone?

[birdgirl73]

Your story and question are certainly spotty and a bit hard to be able to base any sort of educated guess on.

If you were convicted of DWI and failed your original test, then didn't "show cause" the last time you were supposed to appear, you're very likely to have to face a drug test at the court's earliest convenience. You will probably want to make it your business to "show face" (meaning show up and appear) at your earliest convenience and either go in before the bench warrant is issued and submit yourself for any scheduled drug test you've missed through your program/probation. Or, if that's not applicable, show up at your next rescheduled court appearance, then face the music that you're probably going to have to undergo--and, I gather, fail--your next drug test. The "I had a big gaping wound" defense, if you intend to use that to excuse your no-show, needs to be presented at your earliest opportunity, too.

[Thanos]

you sure they didnt send you to VASAP (http://www.vasap.state.va.us/)

since thats where they send people in va...

[Crazyeyd]

Yes, it's actually CAASAP (capital area ASAP, branch of VASAP)...

Anyway, this is the first show cause. In other words, VASAP returned me as non-compliant, then I have a court date to "show cause" why I didn't return immediately after having the baby (because I had this huge gaping wound and was on extended maternity leave) anyway, there was like, a month where I didn't return which I couldn't account for with a doctor's note. I have legal counsel and all. I was tested at my very first intake appointment and failed, but this didn't hurt me legally. Then I was tested DURING my program once (part of a mandatory two random test rule) and passed. So, I haven't really done anything wrong since the DWI except not return to the program. I am going to show cause as to why I didn't return....
I have not missed any court dates or failed any drug tests since being in the program.

I am just wondering how serious this kind of thing is (I genuinely wasn't trying to skip out on, I went to the damn classes the entire time I was on bed rest) and if they are likely going to send me to take a drug test immediately after court or wait until I am back into the ASAP program....

[birdgirl73]

The when-they'll-drug-test matter will depend on that particular court and what its standard procedures are regarding when they require people to submit. The ones where we live tend to leave that up to the judges' preferences. No one can give you a guess on that one. As far as how serious the first show-cause matter is, it's generally relatively gentle at that step. You sound like you have a reason. It'll help you tremendously to have medical records and verifiable documentation of that reason at the ready to trot out if need be. They'll probably treat it like it's nothing and move on if you present your cause. That's what that proceeding is for.