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Drug test at pretrial/sentencing?

Discussion in 'Apprentice Marijuana Consumption' started by purplemudkip, Jul 18, 2012.

  1. #1 purplemudkip, Jul 18, 2012
    I have a case going right now, for possession with intent to deliver and possession of analogues (generic Adderall).

    I heard that sometimes during court dates (before sentencing) you'll get drug tested and they use that as a mitigating factor if you drop clean. Anyone have experience with this?
     
  2. #2 rallyboosted, Jul 18, 2012
    Would also like to know!
     
  3. #3 TinManThaBoyBoy, Jul 18, 2012
    check out my thread i made about this.. ill link it
     
  4. #4 TinManThaBoyBoy, Jul 18, 2012
  5. #5 fender420, Jul 18, 2012

    I got arrested for distribution in februrary. My court date was June 1. The last time I smoked was 4/20/12. I went on 6/1/12 and accepted a plea deal for probation suspended prison sentence. I went back one week later on the 7th to see the judge. He changed my charge and gave me one year probation on a felony possession charge. I wasn't drug tested until like 2 weeks later on my 'initial entry' date for probation and I tested clean.

    This was in my state, Im sure different states are different, but technically you're innocent until proven guilty (or plead guilty), so unless they have a supoena (however you spell it) signed by a judge to get a urine sample Im pretty sure they CAN'T legally drug test you. Although, I was told by my lawyer on the date of meeting with the judge that I would be drug tested, but it never happened. If I were you, I would bet on being drug tested the day you meet with the judge, which likely will not be the first court date you have to negotiate a plea deal with the prosecutor, but the next date where you are sentenced (assuming to take the deal and don't go to trial). Have you had a roll call yet? and do you have a lawyer?
     
  6. #6 TinManThaBoyBoy, Jul 18, 2012
    were you out on bond? cause i was and the judge can test you at your sentencing.. cause youre still in the court system.. youre in contempt of court if you test dirty.

    the judge can throw out your plea and revoke your bond.. which is exactly what he did to me.. read my thread
     
  7. #7 rallyboosted, Jul 19, 2012
    Damn man that sucks so much..
     
  8. #8 fender420, Jul 19, 2012
    yeah I was out on bond. Did the judge do that after you had plead guilty or what? It makes sense that if you're still in the court system they could although just because you're arrested you're technically innocent so it seems like no, but if you had already plead guilty they definately have the right to do that.
     
  9. #9 TinManThaBoyBoy, Jul 19, 2012
    well not formally.. i had planned to plead guilty to the reduced charges arcording to my plea agreement.. but at the time of the test i hadnt had any plea in.. i was there hoping to get my plea agreement accepted and stay outta jail.. instead i pissed dirty and went back to jail for a couple months
     

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