• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Court ordered drug testing if no drug charges?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

wannatry

Junior Member
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
 


rmet4nzkx

Senior Member
Yes the court may order drug testing and why if there is not history of substance abuse would testing be a problem?
 

justalayman

Senior Member
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
I can see instances where drug testing would be proper.
 

wannatry

Junior Member
Drug testing

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
 

justalayman

Senior Member
You are asking about vague and multiple situations. As such you will tend to get answers as vague. If you have a specific situation involved, post it. If you were as evasive with the courts as you are here they might suspect drug use and if drug use has any bearing on your situation they might want to know you are clean.
 

CdwJava

Senior Member
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, 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.

Or, you can comply with the conditions.

You DO have a choice.

- Carl
 

seniorjudge

Senior Member
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 and yes.

PLUS

just about any other condition the court finds reasonable.
 

wannatry

Junior Member
drug testing

I'm not trying to be evasive about it at all. It doesnt even pertain to me. 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). He is pressing charges for assualt. There was no drug use and it wasnt even brought up until in a plea bargain where they wanted her to submit to regular drug testing. She doesnt have a problem testing but she doesnt want anything having to do with drugs listed in her file. 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? 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?
 

CdwJava

Senior Member
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?
Yes, it IS true. If she does not want drug testing, she can reject the ple agreement and go to trial.


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?
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.

- Carl
 

seniorjudge

Senior Member
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)....
Sounds like you are the smart one of the bunch....
 

wannatry

Junior Member
drug testing

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?
 

seniorjudge

Senior Member
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?
It doesnt make sense that any crime can result in drug testing even if drugs werent involved in any way.


Sure it does.

Period.

End of story.

Even if.


(The court has the authority to make just about any condition.)
 

gawm

Senior Member
Once you are caught committing a crime you lose a lot of your rights. That's just how it is. It does sound like a possible self defense argument does exist, so her lawyer might have room to negotiate with the prosecutor if she is so against being drug tested, but it will be the judges decision
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top