Legal Question in Criminal Law in New York
urine screening minors
can allegany county probation dept. give a 17 year old a urine screening without parents consent?
1 Answer from Attorneys
REPLY: urine screening minors
Since the minor is on probation, that means that s/he was sentenced by a Court, which also means that the minor had an attorney. That attorney is in the best position to answer your question. I am not being flippant because without knowing what lead up to the Probation sentence, and just what exactly the "terms and conditions of probation" were, it is impossible to answer your question with any degree of accuracy.
If, for example, the "terms and conditions of probation," which are required to be addressed at the TIME the person was sentenced, included anything to the effect of "drug and alcohol" monitoring, then Probation is only doing what the Court ordered.
Remember this: Probation is an arm of the Court - they must follow Court orders when it comes to the "terms and conditions" of someone's probation. So, if there is a question, problem or uncertainty about that, then the correct procedure it to go back to the Judge who sentenced the person.
I hope this helps. If you have any other questions, please contact me at:
Good Luck.
Don Rehkopf
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