Legal Question in Criminal Law in California
drug testing for a non-drug crime
I am going on house arrest for a misdomeanor is it legal for probation to drug test with out the court ordering the test?
Asked on 7/01/07, 8:42 pm
2 Answers from Attorneys
Terry A. Nelson
Nelson & Lawless
Re: drug testing for a non-drug crime
Of course. Read your sentencing and probation terms.
Answered on 7/02/07, 2:56 pm
David Kaloyanides
David J.P. Kaloyanides, A Professional Law Corporation
Re: drug testing for a non-drug crime
It depends on the terms and conditions of your probation. "House arrest" is usually in lieu of jail/prison. This is usually in connection with some kind of probationary sentence. What are your conditions of probation? Drug testing can be a condition, but it is usually a condition imposed by the court. You probably should consult with counsel to determine if probation is exceeding its authority.
Answered on 7/02/07, 12:50 am
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