In part 1 of this article, we began a very candid discussion about properly handling a probation violation. I noted that, for the most part, probation violations occur because someone screws up, and tests positive for alcohol and/or drugs, completely misses a test altogether, fails do do something they were required to do, or otherwise winds up picking up a new case. When this happens, the defense lawyer has to find a way to get the Judge to give the client yet another break, with job number one being to keep the client out of jail.
We noted the worst approach to a PV is to try and fool the Judge with some BS excuse or story. Every Judge in every courtroom has heard it all before, and probably more times than they could count. I even pointed out that there is one excuse used to try and explain away a positive alcohol test that is so stupid, unbelieved and worn out that it has its own name: “The NyQuil Defense.” Probation violations need to be explained, and worked around; that won’t happen by spewing a bunch of BS that just pisses the Judge off even more.