Legal Question in Criminal Law in Massachusetts

Drug Testing For Pre Trial Diversion

Hi i am in a pre-trial diversion program. Whereas I had to sign off an a form that require me to do: 20 hours of community service, 2 AA meetings, Half Brains At Risk program, and 3 (random) drug tests. The thing is, they are not so random because they wrote down 3 dates and times on those dates in which i would be taking them. I got caught for poss. of alcohol, i'm 20, lol if that isn't bad enough i get tested for other drugs in those tests not ethanol. ironic right? my probation ends 3 weeks after the last scheduled drug test. my question is,

Can they give me a drug test after my 3rd scheduled one? We did both sign off on the pre trial diversion papers that those exact requirements were going to be asked of me and that they needed to be completed. So again, can they legally toss a 4th random test at me even though they scheduled just 3?

Asked on 12/02/07, 3:34 pm

1 Answer from Attorneys

George Davis Law Office of T. George Davis, Jr.
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Re: Drug Testing For Pre Trial Diversion

I don't see why the probation officer can't make you take a 4th test. The number of tests you are given is left solely to the discretion of the Probation Department, and I don't believe they have to stop at 3.

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12/03/07, 12:26 pm

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