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  1. #1

    Default Drug Testing and Probation for a Bad Check

    My question involves criminal law for the state of: Nebraska

    My live-in boyfriend recieved 2 years probation for a bad check. He is to report every morning between 6 and 7:30 for drug testing (when they call his group - at random). I understand his having to go to credit counseling classes and even the community service but the drug testing seems a bit much. The bad check wasn't even to an establishment that sells or serves alcohol. Is there anything he can do to get his probation geared more towards the problem that caused him to be on probation?? Probation is supposed to help the individual. He doesn't have an alcohol or drug problem. I guess we just would like some info on this. Thank you!

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Drug Testing and Probation for a Bad Check

    Okay, if probation is supposed to help people, how is having him drug tested hurting him? 2. It may be a requirement of probation regardless of the charge. 3. The court may have an impression that the bad check writing is the result of an addiction.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Drug Testing and Probation for a Bad Check

    With that level of supervision I suspect either that he gave his probation officer the impression that he has a substance abuse issue, or that he failed a prior drug test. If the probation officer does not have reason to believe that your boyfriend has a drug or alcohol problem, this is routine for the department, and your boyfriend goes through an extended period with no positive tests, he can try discussing with his probation officer whether the testing might be discontinued or conducted less frequently.

  4. #4

    Default Re: Drug Testing and Probation for a Bad Check

    We appreciate the prompt responses. He has never failed a drug test so hopefully his PO will lessen his testing requirements. The testing facility here is a bit of a joke. They ASK certain probationers if its "alright to send their urine in". Its a small town and its all about who you know. We are just anxious to be done with this whole ordeal. Thank you again.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Drug Testing and Probation for a Bad Check

    Can't vouch for Nebraska, but here we drug test everybody on probation. Doesn't matter if they were doing drugs, making crank phone calls, or embezzling. You've got probation conditions and one of those is no drinking and the other is non drugs and we test for it. The whole point of probation is to not committing further crimes.

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Drug Testing and Probation for a Bad Check

    No need for drug testing; he can opt out. By not accepting probation, he would need to serve time in jail or prison though. But no drug testing.

  7. #7

    Default Re: Drug Testing and Probation for a Bad Check

    Thank you. We'll just continue doing what we're doing. He just wants to do things by the book and be done with it. I'm positive he's learned his lesson.

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