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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90075
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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i walk out on a ua because he made me sign it before he gave

Resolved Question:

i walk out on a ua because he made me sign it before he gave me the test and was talking crazy before hand what can i do its a defured felony case involing drugs
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry, can you explain what happened with the UA? Was this a court ordered UA? What made you walk out, not just that you had to sign the labels ahead of time I hope?
Customer: replied 1 year ago.


he just sprung one on me and .i dont think it was court ordered will i be revolked for this


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry for being persistent, but who "sprung" it on you. Can you give us just a little background here so we can give you a more informed answer? Thank you.
Customer: replied 1 year ago.


my probaction officer and im worried he might tamper with the test he was saying hes put more people in the pen then anyone and saying hes going to come up in my house with a gun


 

Expert:  Law Educator, Esq. replied 1 year ago.
All probation officers have extreme power over their probationers. This includes the right to come into your residence at any time without a warrant. It also includes the right to order you to take a UA. The fact is that the probationer has very little right to object to a demand by a probation officer I am afraid, even though you may be afraid "he might tamper with the test." The fact is when you take the test the test sample is supposed to be sealed in your presence and as long as they comply with the testing guidelines, the test is valid. The worst thing any probationer can do is refuse any order from their probation officer, since the probationer has few rights at all and must realize that probation is in lieu of sitting in jail, so it is a privilege. If you have received a legitimate order for a UA and refused, this is grounds for the probation officer to file for a probation violation and your only defense is to prove to the court, since you are entitled to a hearing as your due process right, that the test was conducted improperly and that would be the only way now for the court to vacate any violation. You refusing the test though has given him the power you did not want him to have. Anytime you do not cooperate with a probation officer, you give them more ammunition against you. The key we tell our private office clients all of the time, you must comply with everything the probation officer asks and then if there is a problem you come to your attorney and we file a motion in court to correct any problems or stop the conduct in the future, but refusal of cooperation causes problems and is much tougher to fight a probation violation in court when the defendant refuses to cooperate.

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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90075
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 4 other Criminal Law Specialists are ready to help you

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