<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by napanix:
If you are on probation for a non-drug related conviction, is it legal to have drug testing as part of the conditions of probation?<HR></BLOCKQUOTE>
My response:
Punishment—Probation—Conditions—Discretion of Trial Court.—In granting probation, courts have broad discretion to impose conditions to foster rehabilitation and to protect public safety pursuant to Pen. Code, § 1203.1. The court may impose and require such reasonable conditions as it may determine are fitting and proper to the end that justice may be done, that amends may be made to society for the breach of the law, for any injury done to any person resulting from that breach, and generally and specifically for the reformation and rehabilitation of the probationer. The trial court's discretion, although broad, nevertheless is not without limits. A condition of probation must serve a purpose specified in the statute. In addition, § 1203.1 requires that probation conditions that regulate conduct not itself criminal be reasonably related to the crime of which the defendant was convicted or to future criminality. As with any exercise of discretion, the sentencing court violates this standard when its determination is arbitrary or capricious or exceeds the bounds of reason, all of the circumstances being considered.
However, the bigger question is: Do you have enough money to appeal your conviction and the sentence imposed; i.e., this condition of probation?
IAAL
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