5th amendment vs --the judge

---Houston Texas
Can a judge in a district court mandate that you take a urinalysis test for drugs if you have not been convicted? If you come up dirty, you know dang well they will use it against u! Do not we have the right to not incriminate ourselves? And what happens if u refuse? badda-bing calaboose[jail]. Tell me "whats wrong with this picture"? I am about 2 hours from going to court and I do not want to go to jail , at the same time I do not want to give up my rights to self incrimination. Ya'll got any ideas?
Thanks, Please only reply if u have a positive point of view.----------nitroeater PEACE

[stealth2]

Best idea is to just quit using. Then you won't incriminate yourself with a piss test, won't go to jail, etc. If you prefer to continue using illegal substances, then expect to pay the price when you're caught.

[JETX]

Originally Posted by nitroeater

Ya'll got any ideas?

Yep. Just look the judge right in the eye and tell him you refuse to comply with his order. Then, when you get out of jail, let us know what happened.

TX. u gotta love it! Found out the state assembly passed a law a few yrs. back. it allows a judge to order monitoring as a condition of bond. Play their way or play behind bars. Such is life. By the way who said I was using? I am innocent until proven otherwise, remember? PEACE----jcs

[I AM ALWAYS LIABLE]

Originally Posted by nitroeater

TX. u gotta love it! Found out the state assembly passed a law a few yrs. back. it allows a judge to order monitoring as a condition of bond. Play their way or play behind bars. Such is life. By the way who said I was using? I am innocent until proven otherwise, remember? PEACE----jcs

My response:

You may be innocent in a court of law until you're proven innocent, but guess what? This ain't no court of law. This is FreeAdvice. So, because you're asking about it, and because you said,

"Can a judge in a district court mandate that you take a urinalysis test for drugs if you have not been convicted? If you come up dirty, you know dang well they will use it against u! Do not we have the right to not incriminate ourselves? And what happens if u refuse? badda-bing calaboose[jail]."

I'm absolutely sure you're not asking this because you're taking a test in law school. So, that can only mean one other thing: You're as guilty as they come, pal!

IAAL

TX. maybe so, maybe no. You will never know, even when I walk out of court a free man! PEACE-----jcs
P S IAAL u talk like a public defender --guilty without knowledge of the facts---PEACE-jcs

[AHA]

Congrats on your freedom, but what makes you think that you can keep using, get caught and be set free every time in the future(because there will be more times in the future!) ? Three strikes ring a ell?

[CdwJava]

Where do you get this stuff?

Hey, if the guy doesn't want to be released and accept the conditions thereof, he can always stay in custody.

And your opinion of the law doesn't change it. If the courts - the arbiters and interpreters of the Constitution - say that it is lawful, then who are you (or me) to say that they are wrong?

Until the law is changed or successfully challenged, conditions are lawful.



- Carl

You have some serious mental issues. You really should consider checking yourself into somewhere for an evaluation. Before you get too excited about that suggestion, it isn't because you have an opinion, it is because your posts indicate that you are an absolute nutjob.

[dave berrey]

i have traveled around the world and even spent time in prison in Tunisia- I am glad there are a some people out there like yourself intelligently but forcefully protecting our liberties. if i were president i would appoint you to the supream court - but as i see it bush will probably put the guy with the stupid response to you in instead/

[BelizeBreeze]

Originally Posted by onlygodcanjdg

Nutjob? I got your nutjob dangling between my legs

How many times do I have to get you banned from this site. Either clean up the language and keep the discussion to LEGAL matters, or say goodbye one more time.

[Shay-Pari'e]

I hope you still have that outlook on your freedom when one day you realize that it's actually not your freedom because your opinion or interpretation of what being free doesn't really matter because it differs from that of someone who is higher in power or more superior than you and decide that you need to be punished or put in your place for having an opinion. Boy, you'd think that the constitution was written by and interpreted by some gods, not by the people or for the people. My ass, me and my right to bear arms say that it is unlawful, we'll see whose interpretation is right or wrong. Remember, civil wars can and will happen for a reason and that's a lesson that you and your superior leaders need to remember[/quote]

Excuse me confused one, but this thread is about a guy who thinks it is unfair that he is on probational drug testing. I could care a less if he does drugs, or if you have your gun pointed up your butt. Shoot the crap out of every beer can in your yard, just don't be on my childrens school property, my property, flinging it out a window on the road I am traveling. Get the picture? Don't deny me and my loved ones of OUR freedom. The same applies to the drug user. Kill yourself, vomit on yourself, destroy your brain cells all you want, but keep it confined to your personal space, not mine. Kill yourself, not my children. You do not have the selfish right to get behind the wheel of a car when your brain is fried. To kill the innocent family in the mini van, is NOT your constitutional right.

I paid 2 thousand bucks for a bond, so I could get a good lawyer, not some state paid jerk that just wants the case closed so he can get paid. The court did not put the conditions on the bond until 2 weeks later. Had I known that i would be treated as if i were guilty even before going to trial perhaps another way would have been found. u lose half a day min. once a week just to prove something to the court. People better start praying real hard they are not acussed and arrested for some off the wall thing. Peoples right's are being abused every day in this country. Not only do some lose a large chunk of change, the poor sit in jail until the poor guy says "uncle". The system needs revision, but too much money passes hands for the legislators to try for a change. Lawyers have lots of money and that is power Y would they want to lose their golden goose? The losers are the common people.------------PEACE--------jcs

[john123456]

Originally Posted by onlygodcanjdg

Excuse me confused one, but this thread is about a guy who thinks it is unfair that he is on probational drug testing. I could care a less if he does drugs, or if you have your gun pointed up your butt. Shoot the crap out of every beer can in your yard, just don't be on my childrens school property, my property, flinging it out a window on the road I am traveling. Get the picture? Don't deny me and my loved ones of OUR freedom. The same applies to the drug user. Kill yourself, vomit on yourself, destroy your brain cells all you want, but keep it confined to your personal space, not mine. Kill yourself, not my children. You do not have the selfish right to get behind the wheel of a car when your brain is fried. To kill the innocent family in the mini van, is NOT your constitutional right.

If I'm confused one, then you are confused twice. He's not on probational drug testing, our system is way more complexed than that. Now, alls you have to do is be accused of something, regardless if your innocent or guilty, and our laws somehow allow pre-trial drug testing called a condition of your release added to the bail amount. If you post bail, but do not comply with your pre-trial sentence and go down randomly whenever some lazyass calls your color, number, or something like that and piss in a cup, you get thrown back in jail, forget about the bail money you put up even if you have never missed a court date, and say hello to possible new charges such as felony escape charges. Yep, sounds like seeking the truth in justice don't it. Forget about innocent until proven guilty, because they will now get you 99 out of 100 for felony excape charges even though the original charges got dropped for whatever reason. Doesn't matter now because you are a convicted felon with a felony escape charge on your record. Probational drug testing is completely different, right? Once on probation, you either got found guilty or pleaded guilty and part of your sentencing would be probational drug testing.. That's fair enough. But what about just being charged with any crime, and having to take mandatory UA's that you have to pay for and cannot miss one or else new charges arise from that? And don't worry about me denying your family anything, your government has all those rights and can and will violate them whenever they feel like it, whether you like it or not.. You can put me down and say whatever spineless crap that comes to your mind, but if you're honestly worried about anyone taking away anything from you, you better worriy about yourself. You never know, someone might think you're a bad mother and report something to the authorities, and just like that, you won't even be able to see your kids for the next year or two with out supervised visits and a year of treatment and not know what it is that you did. Hell, even if they decided to drop the charges because of lack of evidence, but you didn't comply with the court because you couldn't afford to miss work that random day that you got picked to go give a UA, or you couldn't find a ride in time, guess what, now you have to try to prove your innocent of escape charges. So don't worry about me and your freedom rights, you need to worry about your gov. and your " freedom " and your kids might end up being the ones who end up going to school and going crazy because their mother was a bad mom and got her rights taken away from them...Only God can judge so rememer that next time you get jury duty and told to decided the fate of someone else. Better you the people playing God than the judge or the state, right[/quote]



Your diatribe is getting really old. I suspect Fallujah is accepting new citizens, make your move.

[Shay-Pari'e]

Originally Posted by onlygodcanjdg

How long did it take you to think of that? Did you have help? And what does diatribe mean?

You didn't learn that word in school?


DIATRIBE means *A prolonged or exhaustive discussion*. Get the picture? Do you need a crayon colored diagram?