Legal Question in Legal Malpractice in Missouri

If on probation/parole and asked to supply a urine sample if it is being sent to a lab aren't you supposed to sign/initial a form/label verifying (basically) that it is your urine and you know/are aware of it being sent to a lab?

If you're p.o is sending your urine to a lab aren't they suppose to inform you that it is being sent off?

If you did not sign/initial a form of release or labels can they act on any results they may get on your urine?

How can this issue be resolved?

What actions should be made to go about this situation?


Asked on 9/02/14, 5:57 pm

1 Answer from Attorneys
Anthony Smith LawSmith

It isn't readily clear why you listed these questions under the term "Legal Malpractice." Do you feel that your private counsel failed to address issues with your UAs? If, instead you're wondering if a positive result in a test for prohibited substances can somehow be eliminated because you did not sign an affidavit, the answer is yes. You or your attorney will need to Move the Court to disallow the previous test, and order a new test. That may not prevent the PO from seeking to have you found in violation of your probation terms, It just provides grounds for you to contest the finding of a violation. Ir might require you to pay for the second test out-of-pocket.

If this an issue or Parole rather then probation, the analysis is different, and there aren't enough facts here to determine the best avenue.

Good luck

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Answered on 9/04/14, 9:52 am


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