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Probation drug test question

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bobseger

Junior Member
What is the name of your state? SC

I am on federal probation for steroids right now. Fully cooperated and helped them get th ebig guy. I received 2 years probation. In the judges probation papers I had to walk over to the probation office, the box to skip the drug tests was checked, meaning no drug tests. I assume. My questions is can the PO give me one anyway without any specific reason? My PO seems nice enough and I even recognized him from the gym I went to. When he came to my house to look around for his first visit, he mentioned doing a drug test. Told him that was fine to do but I thought the judge didn't require them.

What gives?
 


xylene

Senior Member
My PO seems nice enough and I even recognized him from the gym
That's like being on DWI probation and seeing your parole officer at the bar. :rolleyes:

I mean, think about it. The guy sees you working out, do you not think he is going to wonder if you are juicing again?

He can make you take a test, and you should not be worried about it.
 

bobseger

Junior Member
it was a gym i went to 5 years ago. Only reason I remember was he is a twin and they both were there a lot. Wasn't charged with using either. Never even possessed it. Damn, delivery guy sent package to the wrong addy and they opened it and called the police. That's my luck. So, the fact that the judges order said no tests doesn't really mean anything?
 

xylene

Senior Member
So, the fact that the judges order said no tests doesn't really mean anything?
The judge not ordering routine testing (typically at your expense) does not mean you PO can't insist you take a drug test if he is suspicious. Or even just to see 'whats up'

Probation entails all the supervision and control of prison. The advantage is you aren't in prison. But you are in custody.

You should contact a lawyer if you feel this is unfair. Not much can be done, esp since you agreed to the sentence.
 

bobseger

Junior Member
Probation officially started Dec 9th and nothing so far. Like I said, all I do is fil out and mail a form once a month. He came to visit my work once and house once. That has been it. I would think he has bigger fish to fry than me. I don't have the appearance of being a criminal. Stable job, wife and kids, etc.
 

xylene

Senior Member
Probation officially started Dec 9th and nothing so far. Like I said, all I do is fil out and mail a form once a month. He came to visit my work once and house once. That has been it. I would think he has bigger fish to fry than me. I don't have the appearance of being a criminal. Stable job, wife and kids, etc.
That is exactly why the guy is doing a check up.

It happens.

Plus he doesn't want trouble. Trouble is paperwork and court dates. Test the clean guy.

I mean you do know he has to prove he is doing his job.

Good luck.
 

bobseger

Junior Member
so your theory is his laziness will cause him to test me over a "shadier" looking person bc he doesn't want the work associated with busting someone?
 

xylene

Senior Member
so your theory is his laziness will cause him to test me over a "shadier" looking person bc he doesn't want the work associated with busting someone?
Yeah, actually. That and the fact you don't want to do it does impacts his judgment. :rolleyes:

I mean the way it is making you sweat... just asking was obviously a test and to make you take compliance very seriously.

The fact is you can be tested when ordered by your PO.

You are clean so it won't matter.
 

bobseger

Junior Member
I just like to know if he could test me or not. I don't hink I came off as not wanting to take the test. When he mentioned it, I told him the other probation guy told me a test wasn't needed but I would be happy to take one.
 

xylene

Senior Member
Federal probation allows for discretionary drug testing.

The judge did not mandate a drug testing.

If you have any other information that suggests you are 'exempt' from such tests, you need to discuss it with a lawyer familiar with your case.

And be prepared to take the test as scheduled or risk violation even if you do plan on contesting a test program.
 

bobseger

Junior Member
You said take the test as scheduled. I assume you mean him calling me and telling me to come down and take a test. This is no scheuled test out there. Only hoop I have to jump through is filling out a form once a month and mail it in.
 

seniorjudge

Senior Member
You said take the test as scheduled. I assume you mean him calling me and telling me to come down and take a test. This is no scheuled test out there. Only hoop I have to jump through is filling out a form once a month and mail it in.
Keep following your probation officer's orders to the letter.
 

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