Legal Question in Criminal Law in Minnesota

Probation Violation

I had a positive urine test for methamphetamines. I believe it is a false-positive due to medications I am taking for depression and ADD. I have requested copies of the tests from my probation officer so I can consult my attorney before I turn myself in. She is denying me copies. Do I have the right to copies?


Asked on 1/24/07, 3:47 pm

1 Answer from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: Probation Violation

Yes, you do have a right to review any such evidence for the purpose of defending yourself at a probation revocation hearing. However, your probation officer can certainly deny you copies of any test results or reports until you have turned yourself in. It is possible, I suppose, to argue that you are entitled to the records now, but lets be frank, how are you going to compel her to produce something unless you appear before the court? And then, of course, you would be immediately placed in custody.

My advice is that you consult an attorney and turn yourself in -- if there is an outstanding warrant for your arrest or an A&D order. You may feel free to contact me if you have further questions. My contact information is below. I have handled many revocation matters, and in my opinion, you are better off turning yourself in (if there is an outstanding A&D order or warrant), rather than avoiding jail and possibly compounding the problems you have by getting another charge. You clearly need to work with a lawyer.

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Answered on 1/24/07, 4:07 pm


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