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  1. #11
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    Default Re: Drug testing during probation

    Quote Quoting aaron
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    Um... so you're saying that he won't have to submit to drug testing when his probation officer asks him to? That he should keep on using illegal drugs, anticipating that he won't be tested? Or... what?
    Aaron, you know that is not what I said. Re-read my response. Please note, the issue I addressed was drug screening prior to when the probation period starts. The probation supervisor has no legal authority to request any screening prior to the commencement of the probation period.

    As a seasoned attorney, you Aaron, are not unaware of the theory that "if no one sees you do it, you didn't do it". Therefore, if the OP should chose to use or not use illegal drugs is of no consequence prior to probation.

  2. #12
    Join Date
    Jul 2006
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    984

    Default Re: Drug testing during probation

    Logic not opinion.
    Because all drugs have some sort of a "half life" which is determined by the chemecial make up of the drug and the individual's metabolism, when combined with the sensitivity of the test may result in lengthy detox requirements.
    Since BF can be tested at any time including but not limited to the day of sentencing, therefore, bf should stop taking illegal drugs well before his sentencing so as to avoid an immediate parole violation, the drugs don't disappear the moment of sentencing nor do they give them a grace period.

  3. #13
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    Default Re: Drug testing during probation

    Quote Quoting rmet4nzkx
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    Logic not opinion.
    Because all drugs have some sort of a "half life" which is determined by the chemecial make up of the drug and the individual's metabolism, when combined with the sensitivity of the test may result in lengthy detox requirements.
    Since BF can be tested at any time including but not limited to the day of sentencing, therefore, bf should stop taking illegal drugs well before his sentencing so as to avoid an immediate parole violation, the drugs don't disappear the moment of sentencing nor do they give them a grace period.
    BF cannot be tested PRIOR to the day of sentencing. Further, BF is NOT on parole. Parole is a release condition of a prison term. Probation is completely different.

  4. #14

    Default Re: Drug testing during probation

    Quote Quoting cissycicle
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    BF cannot be tested PRIOR to the day of sentencing. Further, BF is NOT on parole. Parole is a release condition of a prison term. Probation is completely different.
    He may not have a drug screening done before his sentencing. If he uses drugs prior to that date, and his PO schedules a meeting with him the following day or so after his sentencing, chances are he will fail the drug test. Probation and Parole does not care when the last time you used drugs was, only that you failed the drug screening. They can violate your bf for using drugs!

  5. #15
    Join Date
    Mar 2005
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    Michigan
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    28,906

    Default Re: Drug testing during probation

    Quote Quoting cissycicle
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    Aaron, you know that is not what I said. Re-read my response. Please note, the issue I addressed was drug screening prior to when the probation period starts.
    During which time, were the court so inclined, it could make drug testing a condition of his bond. My point, though, was that your comment wasn't responsive to what I said.

  6. #16
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    Default Re: Drug testing during probation

    Quote Quoting aaron
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    During which time, were the court so inclined, it could make drug testing a condition of his bond. My point, though, was that your comment wasn't responsive to what I said.
    Conditions of bond are NOT probation terms.

  7. #17
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    Default Re: Drug testing during probation

    Quote Quoting texasmed_hustonmed
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    He may not have a drug screening done before his sentencing. If he uses drugs prior to that date, and his PO schedules a meeting with him the following day or so after his sentencing, chances are he will fail the drug test. Probation and Parole does not care when the last time you used drugs was, only that you failed the drug screening. They can violate your bf for using drugs!
    He will NOT have a drug screening done before the terms of probation are in effect. What he does prior to the date of sentencing was not the issue.

  8. #18

    Default Re: Drug testing during probation

    Quote Quoting cissycicle
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    He will NOT have a drug screening done before the terms of probation are in effect. What he does prior to the date of sentencing was not the issue.
    Sorry, I'm not going to argue with you! You seem to think you know all the answers, and everyone else in your opinion is stupid!
    OP your boyfriend needs to stay away from drugs, regardless rather he does them before or after sentencing! They are illegal, I doubt he wants another charge against him!!!!!

  9. #19

    Default Re: Drug testing during probation

    Quote Quoting notahipppy
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    my boyfriend just found out that he will be on felony probation as of december 22. he is confused as to when he will be drug tested for the first time, and if his test does come up dirty before he is sentenced, will that be concidered a probation violation?
    OP, as I said, he may not have a drug test before being sentenced. I just want you to know that, if he uses the drugs before being sentenced, you should also be concerned,that his PO may ask to meet with him the day of the sentencing or shortly after, and ask him to take a drug test. If he fails the drug test his PO can violate him! He really needs to leave the drugs alone!

  10. #20
    Join Date
    May 2006
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    547

    Default Re: Drug testing during probation

    May I say something? First, I am no attorney for what that is worth.
    But, having been on probation in the past- and not for anything related to drugs-- I have been ordered by the court to submit to drug testing prior to sentencing. Reason as given: " to detirmine the extent of rehabilitative services {probation} that should be issued".

    Simply put, yes, he can be tested before sentencing, he can be tested at any time by probation officers, including the moment of sentencing, he will be tested throughout his probationary period, and may be tested just before probationary period ends.

    His recourse: STOP USING. As stated, terms of probation are to NOT violate the law. Using drugs is illegal and therefore a violation of his probation. If he tests dirty even on his first visit to the probation officer, he is violated. He has illegal drugs in his system, he is in possession so to speak and the evidence is clear that he is a user, or in probationary terms, a loser.

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