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View Poll Results: will i be tested?
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Old 10-07-2007, 01:46 PM
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Default non-reporting probation... final hearing

I have been asked to show up in court due to my probation (non-reporting) on a marijuana conviction. I'm assuming this it to evaluate whether i will be let off (which because no infractions have occured i'm assuming will happen) or not. I was wondering can they and will they drug test for this court appearence even though my whole probation was non-reporting?

by the way this is in michigan and the city is centerline/warren
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Old 10-07-2007, 08:02 PM
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Default

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Originally Posted by question View Post
I have been asked to show up in court due to my probation (non-reporting) on a marijuana conviction. I'm assuming this it to evaluate whether i will be let off (which because no infractions have occured i'm assuming will happen) or not. I was wondering can they and will they drug test for this court appearence even though my whole probation was non-reporting?

by the way this is in michigan and the city is centerline/warren
You have been "asked" to show up in court? Surely you jest. Did they send you a singing telegram? A guilded invitation? I suspect you have been ordered to appear.

Did you read the paper? Why does it say you are to appear? Did the judge tell you at the first sentencing that after a designated period of time that you would come back to court and the charges would be expunged if you followed the terms of your probation, etc?

The courts desire or ability to test you for drugs has nothing to do with the fact that you had non-reporting probation. There is no way to predict what will happen---judges have a great deal of freedom and since you are ordered to appear, testing would be (one could argue) counter productive since obviously, you would stop using in time for the test to be negative.

Does it matter to you if they test you or not?
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Old 10-08-2007, 09:44 AM
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Default

Quote:
Originally Posted by question View Post
I have been asked to show up in court due to my probation (non-reporting) on a marijuana conviction. I'm assuming this it to evaluate whether i will be let off (which because no infractions have occured i'm assuming will happen) or not. I was wondering can they and will they drug test for this court appearence even though my whole probation was non-reporting?

by the way this is in michigan and the city is centerline/warren
Technically, I believe the court can order drug-testing at any point during the proceedings, given sufficient cause. Since this hearing is a result of your conviction, I don't think it very likely one will be arbitrarily administered unless, of course, you show up to the hearing obviously under the influence. (Note: this is only an opinion, NOT to be construed as legal advice.) If you're the least bit concerned about any test results, the obvious suggestion is to make certain they turn out negative, isn't it? Your probation office (or former attorney, if you had one) can answer a general policy question in your jurisdiction, but personally, I wouldn't recommend you take the chance even if it isn't standard policy. In my opinion, common sense dictates you do nothing, you say nothing (that means anywhere, including here) that remotely jeopardizes your position. Personally, I think certain details or specifics should remain between you and your attorney, if you have one.

Good luck.
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Old 10-08-2007, 03:38 PM
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Technically, I believe the court can order drug-testing at any point during the proceedings, given sufficient cause.
The court doesn't need sufficient cause to drug test. The court doesn't need sufficient cause to do much of anything, come to think of it.
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