Testing positive for marijuana puts probationer in jeopardy for violation
Pago Pago, AMERICAN SAMOA — A man who failed to comply with conditions of his 5-year probation has been given another chance. Probationer Eveni Lotu was arrested two months ago after he tested positive for marijuana.
Lotu 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 Lotu administered May 20th, at the District Court, came back positive for THC, the active ingredient in marijuana (weed). Lotu admitted to the Probation Officer that he smoked weed at his son’s birthday party the night before.
Lotu appeared in court last week for a Disposition Hearing, where his attorney asked the court to consider that after his client was released from custody last year, he complied with all conditions of his probation, except for this momentary lapse.
According to Lotu’s defense attorney, his client was employed when he was arrested in August. He had paid his fine in full and was also current with his monthly visitations to Probation.
Lotu apologized for his actions and asked for a chance to continue his Probation.
In handing down its decision, the court told Lotu his probation would not be revoked; however, if he fails once again — he will not get another chance.