Legal Question in Criminal Law in California

If I am on my own property, not driving, nor am I on probation do I a have to submit to a UTI test for drugs. I was speaking to the police about an investigation they were doing, and the next thing I know I am being arrested for UTI. I was taken to the jail and held for 12 hours. I did not provide a urine sample as I felt that I had a right to refuse, there was no reason for them to do this to me except as the officer told me Mhe could" their investigation had nothing whatsoever to do with drugs.


Asked on 9/19/14, 11:22 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

UTI? Urinary Tract Infection? Under the influence?

You don't provide any details of why the police were on your property in the first place. They can ask you to submit to drug testing after the arrested you, and your refusal to participate in drug testing allows the prosecutor to use a jury instruction that presumes you were guilty.

You need a criminal defense attorney immediately.

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Answered on 9/20/14, 10:19 am
Terry A. Nelson Nelson & Lawless

does UTI equate in your case to a charge of 'public intoxication'?? Maybe??

First: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or ANYONE about the case except with and through an attorney.

When charged with any crime, the proper questions are, can any evidence obtained be used against you or can it be suppressed, can you be convicted, and what can you do? If you refused drug testing there is no evidence against you other that police testimony of your observed condition.

While this isn't a 'capital case', it certainly carries potential �time�, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will defend you, try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

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Answered on 9/22/14, 1:58 pm


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