Legal Question in Criminal Law in Massachusetts

court ordered drug test

Can a probation officer order a drug test when it was not a part of the probationer sighed agreement?


Asked on 1/21/03, 10:16 pm

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: court ordered drug test

It is possible. One would at least have to see the probation contract. I would not refuse the request, but I would suggest that you contact the lawyer you had, and bring it back before the sentencing judge. A probation violation --- you do not need.

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Answered on 1/21/03, 10:53 pm
Daniel Gindes Law Office of Daniel Gindes

Re: court ordered drug test

A probation officer can do anything he or she wants. The question is whether you have an obligation to comply. I think the answer is probably no, but you should check with your attorney, and if necessary get clarification from the Court. This assumes the probation contract has no provision regarding testing.

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Answered on 1/22/03, 12:17 pm
Craig Bartolomei Law Office of Craig R. Bartolomei

Re: court ordered drug test

No, probation cannot order a condition of probation without a judge's order stating such. If it was ordered by the judge, agreed to by the defendant, and mistakenly left off the contract it is possible. But even then, you could make a valid argument that you do not have to take the test until a judge orders such.

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Answered on 1/22/03, 4:56 pm


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