Legal Question in Criminal Law in California

I am on formal probation, and have to take a drug test every other month. I will pribably test positive tjis month. So,is it better not to take the test at all?


Asked on 3/30/10, 2:54 am

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Sorry you were convicted of a crime and that you have to pee in cups. Usually they count a missed test as a positive test. It's hard to predict what would happen if you were to test positive, because you didn't provide any info about the underlying case. Your options include 1) attempting to beat the test, 2) missing the test and attempting to explain away why you missed it, and 3) testing positive and taking the consequences. While it would be both illegal and stupid to use a method such as fake urine to attempt to beat a "drug test," and I am not going to tell you how to break the law, it is neither illegal nor dishonest to carefully control what you put in your body in the days and hours before the test. There are lots of web sites on the subject of "drug testing," and I will leave it at that.

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Answered on 4/04/10, 3:27 am


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