Legal Question in Wills and Trusts in Georgia

If i am not court ordered to submit to drug tests, does this mean my probation officer can not test me?


Asked on 9/23/11, 5:08 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Your question has nothing to do with Probate, Trusts & Wills. It is also a question you need to ask your lawyer. You certainly should not be getting advice about the terms of your probation from a website, unless risking jail or other consequences is not important to you.

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Answered on 9/23/11, 5:21 am

Your question, as noted by Attorney Riddle, has nothing to do with probate and estates. It has to do with criminal law.

My experience with the criminal justice system in Georgia is limited. Your best bet would be to contact your criminal law attorney. If you had a public defender and don't want to contact him, I understand, but then at least direct your question to a Georgia criminal law attorney.

I'll take a stab at trying to answer using common sense. It has been my experience that a person who is convicted or pleads to a crime gives up certain rights. The sentencing order would govern generally the conditions of parole and its common for orders to say things like "the defendant is ordered to stay away from drugs and alcohol." While drug testing may not be ordered (depends on the nature of the crime - there are many crimes where it would not be ordered if it was not at issue), I don't see why a parole officer could not do random blood/urine tests on you for drugs. Again, you have given up many of your rights of citizenship by being convicted and there is probably an exception somewhere which allows parole or probation officers to conduct random drug tests as well as randomn searches (for weapons or drugs).

The system is designed for you to fail and the parole officer is looking for any excuse to send you back in. Don't give them one.

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Answered on 9/23/11, 3:28 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You posted this in an area of Law Guru that deals with wills and trusts, not criminal law, so you lost the benefit of most criminal lawyers here seeing your post by posting it where you did.

Having said that, every probation order requires adherence to Georgia law, and probation officers have broad authority to monitor. Refuse a drug test and you have (1) sent a message that you likely are on illegal drugs and (2) you probably land in jail facing a revocation hearing.

You're already a convicted criminal and have fewer liberties than non-criminals. Don't blow yiour liberty by using drugs and refusing drug tests.

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Answered on 9/23/11, 5:15 pm


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