Sixth Judicial Court Judge the Honorable Mike Montero recently sentenced Veronica Alcarez, age 42, to carry out the judgement of conviction given to her on Dec. 20, 2020. This original conviction was foregone when Alcarez was released on probation.
Terms of Alcarez’s probation included abstaining from all controlled substances, which would be monitored through regularly scheduled drug tests. According to Officer Hill, representative of the Humboldt County Department of Parole and Probation, since her release Alcarez has continually tested positive for controlled substances.
“In this particular case her initial test was delayed from her initial intake, I have continually tested and received positive results. If she had consumed a controlled substance it would be out of her system if she abstained from use,” Officer Hill testified at the July 13 Evidentiary Hearing.
Despite consistently testing positive, Alcarez continued to deny substance use. Officer Hill moved forward by filing an official technical violation report and increasing the frequency of the test. Since the violation report was filed approximately four more tests were administered to Alcarez. The most recent of which was given on July 7, 2021 in which Alcarez tested positive for MDMA, methamphetamine, and alcohol.
The defense argued the validity of the tests, arguing the positive test results to be “presumptive” as they were not sent to an official lab or tested by a licensed toxicologist.
“The tests by themselves are not sufficient for due process. The minimum standards to revoke. They are presumptive tests not by a toxicologist.” Alcarez’s defense attorney argued.
Tests administered by the Department of Parole and Probation are an all inclusive cup. Urine samples are taken into the cup and the test strips on the exterior indicate whether or not a sub-stance is present in the urine sample given.
When the defense asked if the presumptive positive tests were confirmed with Alcarez, Officer Hill informed the court that the defendant denies each time and blamed her significant other. Alcarez’s significant other came into the courtroom discussion several times, as the defendant admitted he frequently smoked methamphetamine within their shared camp trailer residence.
The defendant gave no statement, but her defense attorney stood firm in his argument of inconclusive test results and second hand smoke.
“She knew what was in there. It kept happening. It kept being in her system and that in and of itself is a violation,” District Attorney Pasquale said in his closing arguments.
The court found Alcarez in violation of parole and revoked it, sentencing her to complete 364 days with time served on her original sentencing (credit for 4 days). Alcarez was placed in detention following the closing of the evidentiary hearing.
