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Parolee drug testing

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Westonia

New member
I live in Southern California ,I'm currently on federal probation for human trafficking, That was my only charge, no drug-related charges were filed! I want to know if it's lawful that I'm being drug tested every week? And I would like to know if I can get the drug testing removed from my probation conditions considering that my arrest was not in any way drug-related? And if that's possible how do I go about getting the drug testing removed from my probation conditions? I live in a very rural part of the county, I don't drive and its an 80 mile round trip each week for me to go test!
 


quincy

Senior Member
I live in Southern California ,I'm currently on federal probation for human trafficking, That was my only charge, no drug-related charges were filed! I want to know if it's lawful that I'm being drug tested every week? And I would like to know if I can get the drug testing removed from my probation conditions considering that my arrest was not in any way drug-related? And if that's possible how do I go about getting the drug testing removed from my probation conditions? I live in a very rural part of the county, I don't drive and its an 80 mile round trip each week for me to go test!
Drug/alcohol testing is a standard condition of probation, regardless of the offense for which probation was granted.
 

CdwJava

Senior Member
What happened when you asked your attorney about this? From what I read, it seems that drug testing is a common condition, and - if what I read is correct - drug tests are mandatory at least at the start of your probation.

If you did not want to accept drug testing, why did you agree to the terms of probation? You could have refused and then served your time.

The bottom line is that if drug testing is a term of your probation, and the US Attorney and the judge signed off on those terms, you may have a very difficult time trying to have that condition removed. You can certainly pay your attorney to try, but, it may not be of much avail.
 

quincy

Senior Member
is there any way to petition the courts to have the drug testing removed from my probation conditions?
You could ask your parole officer if you could test closer to your home but it would be very difficult to have removed a standard condition of probation from the terms under which you were released. You always have the option of serving out your sentence in prison.
 

xylene

Senior Member
It would be easier to ask to move.

You have an extremely odious and politically high priority conviction...
so do don't hold your breath. or wee, or whatever it is they are demanding.
 

quincy

Senior Member
Westonia, following is a link to a lengthy (103-page) publication on probation and supervised release conditions, the laws that support these conditions, and the reasons for imposing these conditions. You can scroll to the sections that apply.

https://www.uscourts.gov/sites/default/files/overview_of_probation_and_supervised_release_conditions_0.pdf

The conditions for probation are both standard conditions for all offenders who are released and also individualized “special” conditions, set based on an offender’s assessed risk to the public and to his rehabilitation.

You can speak to your probation officer, or your attorney, if you find the travel is too burdensome. I suspect you will not be relieved of your obligation to comply with this condition, however.
 

PayrollHRGuy

Senior Member
that really does seem like a violation of my rights, drugs have never been or were any part of my life or conviction!
It would be a violation of the rights of a person that hadn't been arrested, charged, and convicted of a crime. When that happened you lost a number of rights.
 

zddoodah

Active Member
Just FYI, your post is a bit confusing. In the subject header, you refer to "Parolee drug testing," but the post itself refers to probation. Parole and probation are very different things.


I'm currently on federal probation for human trafficking, That was my only charge, no drug-related charges were filed! I want to know if it's lawful that I'm being drug tested every week?
Yes, it is, but answer this: was your conviction the result of a plea bargain or a guilty verdict at trial?


I would like to know if I can get the drug testing removed from my probation conditions considering that my [conviction] was not in any way drug-related? And if that's possible how do I go about getting the drug testing removed from my probation conditions?
These are thing to discuss with your attorney.
 

quincy

Senior Member
A lot of offenders confuse probation and parole, probationer and parolee. The standard conditions of release vary slightly but there is always a condition that the offender not violate any laws, which include illegal drug use (or sale). Testing is generally a standard condition for both parole and probation.
 
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