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  1. #1

    Default Accused Being Under the Influence of a Controlled Substance Without a Drug Test

    My question involves criminal law for the state of: California.
    I'm currently on probation for brass knuckles. My probation terms are specifically for weapon term search only. I don't have a history of no drug charges or history. So my probation doesn't required me to urine test at all. So here's the deal and question. The cops come to my house randomly to do a probation search and I corporate with the cops and out of the blue they accusses me of being under the inflounce of drugs. I also have bi polar disorder and I'm currently taking 4 different medication. I was diagnosed 12 years ago and been seeing a doctor since. I get anxiety real easy and I get into a manic epidlsode normally due to my big polar disorder. One of my meds at time makes my pupil dialeted and I explain that to the officer and they refuse to allow me to take my prescribe medication. So they arrests me and wanted me to give them a sample of my urine test at first I said no because it was not part of my probation terms .....then I coporated and wanted to urine test to prove my innocence and they reduse . so they book me in jail and I got bail out. The DA drop the charges because I was going to go to trial but then my lawyer tell me the DA wants to get me for violiting my probation for being under the influence of drugs with no urine sample. So pretty much the DA is trying to find me guilty threw my probation hearing. So question is what are my chance I beat this case ? 1. I'm bi polar n they refuse to let me take my medication and 2. When I had to urine test they refuse me to do so and 3 . urine testing not even part of my probation.

  2. #2
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    Default Re: Accused Being Under the Influence of a Controlled Substance Without a Drug Test

    You need to speak with your lawyer.

    Probation violations are heard on a much lower standard than new criminal charges (preponderance, as opposed to beyond a reasonable doubt), and you seem to have gone out of your way to make yourself look guilty.

    It's not clear how much time passed between your arrest and refusal of a urine test, and your change of heart and agreement that you would take a test. Are we talking hours? The next day? Several days? Do the police agree that you tried to change your mind about your refusal?

  3. #3

    Default Re: Accused Being Under the Influence of a Controlled Substance Without a Drug Test

    Quote Quoting Mr. Knowitall
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    You need to speak with your lawyer.

    Probation violations are heard on a much lower standard than new criminal charges (preponderance, as opposed to beyond a reasonable doubt), and you seem to have gone out of your way to make yourself look guilty.

    It's not clear how much time passed between your arrest and refusal of a urine test, and your change of heart and agreement that you would take a test. Are we talking hours? The next day? Several days? Do the police agree that you tried to change your mind about your refusal?
    30 minutes maybe to one hour passed by because by then I did have to urine and they say there booking me in
    Because I took to long. And of course not the police does not agree that in change my mind. When I did. My heart rate goes up due to my bi polar disorder and my lawyer is getting all medical documentation to all the things I experience with my bi polar disorder. But urine test is not even part of my probation term to bugging off with and I don't do drugs 1 and 2 I have zero history to drug abuse because I don't do drugs . so what are my chances I get beat this case on everything I mentioned?

  4. #4
    Join Date
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    Default Re: Accused Being Under the Influence of a Controlled Substance Without a Drug Test

    You really showed them. I suggest you consult your lawyer for the likely outcomes. I also suggest you ask him the parameters of probation searches.

  5. #5
    Join Date
    Jun 2014
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    3,210

    Default Re: Accused Being Under the Influence of a Controlled Substance Without a Drug Test

    If all of the drugs you had in your system were from your prescriptions, I don't see why you said no the the urine test. If the police picked you up for something that had nothing to do with your probation, and requested a urine test, would you say yes or no ?

  6. #6

    Default Re: Accused Being Under the Influence of a Controlled Substance Without a Drug Test

    Quote Quoting Mercy&Grace
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    If all of the drugs you had in your system were from your prescriptions, I don't see why you said no the the urine test. If the police picked you up for something that had nothing to do with your probation, and requested a urine test, would you say yes or no ?
    The police didn't come and pick me up they were doing a random probation search and my probation terms are only weapon terms not drugs or urine sample. I cooperated with them when they were searching for my property.......they didn't find not one single thing that was illegal...no weapons no drugs no nothing. I get fregity do to my big polar disorder and axiety I get. They were being aggressive with my property so they were making me nervous and I always take my big polar meds every night at the some time for over 5 years. When I told them its time to take my big polar meds the refuse and I was experience a manic state. My heart races my anxiety goes up the ruff and they were refusing to let me take my prescribe medication. And then they random started doing those test and accused me of being under the influence. I was really upset that they weren't letting me take my meds to calm me done for my disorder. So when. They took me to the station they asked if I want to volunteer a urine test and I said 1. I feel violeted because there refusing me to take my medication and 2 and second of all giving a urine test is not part of my probation terms. Then sitting there I was thinking and I was going to prove to them I'm innocent of there accusation. When I told one of the officer that I agree to urine test plus was peeing my pants they were walking me to the car saying it was to late that they were going to booked me in. So I got booked in and I got bailed out. So what I'm fighting right now is the DA drop the original charge because I was going to have a trial....well with no urine test how they gonna prove in a jury trial so the DA drop the charges but then trying to screw me over with probation. All they have on there end is one officer taking my pulse and saying my pupils were a little dialted. I have medical record backing me up with my big polar disorder saying when I gt into a maniac stage or I get anxiety obviesly I'm not going to be normal. So I just feel like this is fake ...how can the DA drop the charge with the trial but trying to screw me threw probation with 1. No urine test to physicaly prove it 2. I have bi polar disorder and Im not normal when not taking my meds since they didn't allowed me. 3. My probation terms don't have to give a urine test 4 . when I agree maybe like one hour later they refuse. So all they have on there end a cop saying he thinks against me with a disorder that make me fridgety and axiety and I wanted to coperated and they decline me. Also keep in mind I dont have no drug history in my background what so ever. I don't do drugs period. This is the first time I get attacked in my own home when I cooperated with law informent for my probation search. My lawyer said its a 50 50,chance. So I'm just wondering who gone threw a similar situation like me or know someone.

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