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Court shows leniency for probation violation after man tests positive for pot

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Pago Pago, AMERICAN SAMOA — A man who failed to comply with conditions of his 5-year probation has been given another chance. Probationer Fale Motusage was arrested two months ago after he tested positive for THC, the active ingredient in marijuana (pot).

Motusage appeared in court last month for a preliminary hearing, where he admitted that he failed to comply with conditions of his probation, which required him to be drug and alcohol free. According to Probation, a random urinalysis on Motusage administered 2 months ago at the District Court came back positive for pot.  Motusage admitted to Probation that he smoked pot at his son’s birthday party the night before.

Motusage appeared in court two weeks ago for a Disposition Hearing, where his attorney asked the court not to revoke his client’s probation but instead, allow him to continue his probation. He said that after his client was released from custody last year, he complied with all conditions of probation.

According to his attorney, Motusage was employed when he was arrested two months ago. He paid his fine in full and was also current with his monthly visitations to Probation. Defense attorney said his client screwed up when he smoked pot.

Motusage apologized for his actions and asked for a chance to continue on Probation. He assured the court that he would not violate any conditions of probation, again.

In handing down its decision, the court told Motusaga his probation would not be revoked; however, if he fails to comply with any of the conditions set forth, he will not get any more chances.