Legal Question in Criminal Law in Virginia
drug testing
Since in America one is supposed to be innocent until proven guilty is it constitutional to drug screen and charge a fee for that matter, prior to any cinvictions and or probation? What does a distribution charge have to do with one's drug use if any?
Asked on 4/18/08, 8:33 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: drug testing
Quite a bit, as there's a reasonable inference that one who has been formally charged with distributing contraband drug(s) may also be using it(them).
And, yes, it also quite constitutional for a court to require
that one who has been so charged undergo drug screening and bear the cost of such heightened scrutiny as a condition of his or her pretrial release.
Answered on 4/18/08, 9:42 am
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