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Drug testing with no drugs within incident????

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tomtree03

Junior Member
Minnesota:

My sentence includes 2 years of probation (which includes 26 weeks of domestic assault classes, random drug testing etc.) My question is, being that during the incident there were no drugs or alcohol involved; the victim told them they wanted me to have random drug testing? (I have no history of drugs either.) If so, how do I appeal that decision? I'm fine with the classes and fines etc. but I don't see why I am being forced to be randomly drug tested. Also, is it possible to do my domestic assault classes online? If so, could you please direct me to that information?
 


quincy

Senior Member
Minnesota:

My sentence includes 2 years of probation (which includes 26 weeks of domestic assault classes, random drug testing etc.) My question is, being that during the incident there were no drugs or alcohol involved; the victim told them they wanted me to have random drug testing? (I have no history of drugs either.) If so, how do I appeal that decision? I'm fine with the classes and fines etc. but I don't see why I am being forced to be randomly drug tested. Also, is it possible to do my domestic assault classes online? If so, could you please direct me to that information?
Drug testing is a standard condition of all probations because "no drug use" is a standard condition of all probations. Testing is necessary to ensure compliance. I do not see you getting these random tests removed as a condition.

Some courts will order online group anger management/domestic violence classes as a condition of probation. You should contact the court where you were sentenced to see if you can complete the ordered classes online.
 

FlyingRon

Senior Member
Can't vouch for Minnesnota but in the two states I'm familiar with (Pennsylvania and Virginia) EVERYBODY on formal probation (no matter what for) gets at least one drug test. Possibly you get more if you fail one or they suspect you might relapse. They're almost always entitled to call you in for one at any time.
 

Ohiogal

Queen Bee
Can't vouch for Minnesnota but in the two states I'm familiar with (Pennsylvania and Virginia) EVERYBODY on formal probation (no matter what for) gets at least one drug test. Possibly you get more if you fail one or they suspect you might relapse. They're almost always entitled to call you in for one at any time.
Add Ohio to that list as well.
 

dave33

Senior Member
Can't vouch for Minnesnota but in the two states I'm familiar with (Pennsylvania and Virginia) EVERYBODY on formal probation (no matter what for) gets at least one drug test. Possibly you get more if you fail one or they suspect you might relapse. They're almost always entitled to call you in for one at any time.

I suspect that the sentence guidelines for every criminal charge does not include mandatory drug testing? Is this factual? If this is so, this mandate is imposed later when you sign probation papers?
 

Zigner

Senior Member, Non-Attorney
I suspect that the sentence guidelines for every criminal charge does not include mandatory drug testing? Is this factual? If this is so, this mandate is imposed later when you sign probation papers?
One could simply go to jail if one doesn't want to follow the terms of their probation.
 

dave33

Senior Member
One could simply go to jail if one doesn't want to follow the terms of their probation.
That I understand. Fairly simple concept. I was just trying to determine if a defendant was informed of the mandate before pleading guilty. After all, although it may technically not be part of the sentence (semantics) you are still sentenced to a task upon pleading guilty. Can the state assign arbitrary tasks that have no relevance to your case? With the threat of imprisonment. Of course they can, they can do anything they want. It just does not seem right to not inform someone of the full practical sentence. How many people know or are informed of mandatory sentence guidelines or of probation requirements before pleading in a case? I would even go so far as to speculate that the consequences are minimized before the plea for merely efficiency reasons. Than many people realize they would not have plead guilty because they cannot accomplish one of the tasks or fines that they were unaware of at the time of the plea. Instead of taking 60 or 90 days in jail they take probation, violate and serve significantly higher sentences for things that violate virtually no one's sensibility. Venting I guess. Sorry, it is what it is.
 

quincy

Senior Member
I suspect that the sentence guidelines for every criminal charge does not include mandatory drug testing? Is this factual? If this is so, this mandate is imposed later when you sign probation papers?
Terms of probation will always include that no more crimes be committed or else probation can be revoked and the original sentence imposed. The "no more crimes," of course, includes no illegal drug use. While random drug testing is a condition often included as a term of probation, it is not a mandatory condition. Nor are drug classes, anger management classes or community service hours.

With domestic violence offenses, however, the random testing for drugs seems a standard condition as do anger management classes. The person will be (or should be) informed of the conditions before agreeing to them.

Minnesota sentencing guidelines and probation guidelines (criminal sentences and release): https://www.revisor.mn.gov/statutes/?id=244&view=chapter
 
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Ohiogal

Queen Bee
I suspect that the sentence guidelines for every criminal charge does not include mandatory drug testing? Is this factual? If this is so, this mandate is imposed later when you sign probation papers?
For probation it does. And quite frankly, IN OHIO, every single defendant is (supposed to be) told that they can and will be drug/alchol tested in PRISON/JAIL regardless of the crime.
 

Ohiogal

Queen Bee
That I understand. Fairly simple concept. I was just trying to determine if a defendant was informed of the mandate before pleading guilty. After all, although it may technically not be part of the sentence (semantics) you are still sentenced to a task upon pleading guilty. Can the state assign arbitrary tasks that have no relevance to your case? With the threat of imprisonment. Of course they can, they can do anything they want. It just does not seem right to not inform someone of the full practical sentence. How many people know or are informed of mandatory sentence guidelines or of probation requirements before pleading in a case? I would even go so far as to speculate that the consequences are minimized before the plea for merely efficiency reasons. Than many people realize they would not have plead guilty because they cannot accomplish one of the tasks or fines that they were unaware of at the time of the plea. Instead of taking 60 or 90 days in jail they take probation, violate and serve significantly higher sentences for things that violate virtually no one's sensibility. Venting I guess. Sorry, it is what it is.
At sentencing in OHIO, and let me specific, IN OHIO, many appeals have been won due to what is REQUIRED to be stated and not stated. Which requires a new sentencing hearing.
 

FlyingRon

Senior Member
The terms can even bar LEGAL drug use. The standard PA conditions bar *ANY* consumption of alcohol for example. VA just (in the standard case) bans excessive drinking.
 

CSO286

Senior Member
I can vouch for MN. It's a standard probationary condition. He's not getting it removed.Of course, it will up to his probation officer how often--if at all--he is randomly tested.
 

quincy

Senior Member
I can vouch for MN. It's a standard probationary condition. He's not getting it removed.Of course, it will up to his probation officer how often--if at all--he is randomly tested.
Sentencing guidelines will vary from state to state. What is important to remember with sentencing guidelines in any state, however, is that they are just guidelines. There can be modifications or alterations to the standard, depending on the facts of the offense and the offender.

So, while tomtree03 might be able to have modifications or alterations made to his probation based on, for example, employment or transportation issues, for domestic violence offenses I agree with CSO286. Drug testing would be a standard condition of probation, whether drugs were a factor in the arrest and conviction or not. I do not see an appeal one worth attempting but some courts in Minnesota do offer online "interactive" domestic violence/anger management classes and that could be something tomtree03 might want to discuss with his probation officer.
 

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