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  1. #1
    Join Date
    Oct 2014
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    2

    Default Probation Drug Tests Negative, But Treatment Program Test Was Positive

    My question involves criminal law for the state of: nevada

    hello. i am on probation and i have to test weekly. last week i had tested at my probation office and tested clean and then was tested at the place i go for drug counselling (which is court ordered) less than 3 hours later which came up positive for opiates. the very next day i was tested again at probation (because of the test at the counselling center) and was clean again. now the judge is threatening to throw me in jail over the results of the one positive test. my question is: a the counselling center there was no "chain of custody", they didnt have me sign any papers for me to release it to them, nor did they seal the sample in my presence. they just had me put it on the counter and leave. is it legal for them to hold that one test against me and not take into consideration the other 2 tests that have a proper chain of custody?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Probation Drug Tests Negative, But Treatment Program Test Was Positive

    If a proper foundation is laid, even if procedures could have been better, then the court can admit the test results. This is something to discuss in detail with your lawyer, along with a discussion of why the court and probation officer are discounting the results of the tests performed by your probation officer.

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