What is the name of your state (only U.S. law)? NY
I am currently involved in an Integrated Domestic Violence court case. I am the criminal defendant. There are no children involved. I have been told by my lawyer, who wants me to cop a plea, that I will be forced to take a hair follicle test. I am innocent of the charges brought against me, which are quite serious. Assault in the 2nd degree, assault in the 3rd degree, harassment in the 2nd degree, and criminal possession of a weapon. I have done my research and the only charge that I can honestly say that I am guilty of is harassment. I yelled a lot.
I have been told by others that i cannot be forced to testify against myself, and that having me submit to a drug test is a violation of my constitutional rights. I was advised to look for precedents. I am recreational pot smoker and I've occasionally used cocaine. When I say occasionally, I mean maybe four or five times a year. I've been out with friends, it's been offered, and I've accepted. Once I found out that I may be forced to take a drug test, I made a decision to stay away from all drugs. I can easily pass a urine test. Whether or not I've smoked pot or used cocaine in the past does not make me a violent felon, but it does not look good. Can anyone offer any advice on this matter?