Legal Question in Criminal Law in Michigan

Re: Pre-Sentence Drug Test

You will not face a criminal charge. But the judge isn't stupid. Judges see a large percentage of shoplifters being drug/alcohol abusers. They steal in order to support their habits. So, you have fallen into the 'profile' because of the court's past experiences ... and common sense.

Sometimes, your pre-sentencing bond release conditions include an order to not drink or to use illegal drugs. If so, then this test result could cause your bond to be revoked and you sit in jail until your sentencing.

Otherwise, the reasons for the test are motivated to see if the sentencing terms should include some kind of substance abuse (drugs/alcohol) counseling, or not. This test tells them that you do use a substance, and what the baseline level is. If you are tested later on probation and the numbers go up, they know you have used since this first test. And if the test tells them it's marijuana versus more hardcore drugs like heroin or methamphetamine, the substance abuse programming could change.

If the judge puts you on probation and orders you to not use/possess alcohol or non-prescribed drugs, and you violate that probation term, you can be sanctioned by the judge (i.e., re-sentenced). So, let this be the LAST time you use illegal drugs or alcohol while under the court's watch.

If you have an attorney on your criminal case, talk to the lawyer before talking to probation about this test result. I cannot give you advice as to what to say, or not say, to a court employee about this. To one extent, openness and total honesty is a good thing, but you might open a Pandora's box, too.