I can see instances where drug testing would be proper.wannatry said:Arizona
If drugs were not a factor in any way shape or form, pertaining to the crime and the defendant has no history of drug use, can the defendant be court ordered regular drug testing at sentencing or can it be put into a plea bargain
Yes, they CAN add this to the sentence. Since it is usually a condition of probation, it is an option. If part of a plea bargain, then you can choose to refuse the plea bargain. If part of a probation recommendation, you can choose instead to remain in jail and serve your time.wannatry said:Drug testing isnt so much of problem, its the fact that drug testing will go down on the criminal file suggesting there was drug use when there wasnt any. It would be one thing if they wanted to do "a test" but ongoing testing shouldnt be required UNLESS there was a reason for it. Should someone delinquent in paying their taxes be subjected to drug testing? Drugs werent an issue in the crime at all. I'm not trying to argue this and I would be all for it, if drugs had been a factor, cause or result of the crime but how is required drug testing legal in this sense? If I lapse on my car insurance do I have to take drug tests on a regular basis for an undetermined amount of time? I just dont follow the legalities here
Yes and yes.wannatry said:Arizona
If drugs were not a factor in any way shape or form, pertaining to the crime and the defendant has no history of drug use, can the defendant be court ordered regular drug testing at sentencing or can it be put into a plea bargain
Yes, it IS true. If she does not want drug testing, she can reject the ple agreement and go to trial.wannatry said:Is it really true that the court can order mandatory drug testing from any crime committed even if drugs werent involved or suspected just because they want to?
No, it's not. She has a right to refuse the plea bargain. She can go to trial and see what happens. If convicted, they may or may not choose to have drug testing included as part of her probation. And if that happens, she can always refuse probation and stay in jail or prison until her sentence is complete.Isnt that some kind of invasion of rights to be forced to submit to testing if there isnt any evidence of usage or even suspicion?
Sounds like you are the smart one of the bunch....wannatry said:...A girl friend of mine (not girlfriend) was at her ex boyfriends house and get into an argument. What resulted was he pushed her pretty hard and she, in turn, landed a good one to his right eye and then left (you can see why I dont date her)....
It doesnt make sense that any crime can result in drug testing even if drugs werent involved in any way.wannatry said:She screwed up by hitting the guy, no doubt, but I'm having a problem with the drug testing. It doesnt make sense that any crime can result in drug testing even if drugs werent involved in any way.
Tax evasion= drug testing?
Racial discrimination= drug testing?
Forgery= drug testing?
Writing bad checks= drug testing?