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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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MJD - question on drug court. If the drug is based on testing

Customer Question

MJD - question on drug court. If the drug is based on testing for meth - do they test for other drugs also? drug court at this point is now weekly reporting to court and I do not know about amount of testing but it is at least weekly.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  shurmust replied 11 months ago.

shurmust :

Yes. In drug court, they will test for all drugs, from heroin to marijuana to alcohol. You must be both alcohol and chemical/drug free for the entire period. They do not just limit testing to the drug you were charged with.

shurmust :

At the beginning, everything will be very intensive, both urine samples as well as classes and court. However, over the course of a year, or less, presuming you are clean, everything will slow down. But I would certainly expect at least once a week for testing.

shurmust :

Does this make sense?

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for asking for me by name. I do not know what happened, I am sorry that it took so long for me to get to you but I was locked out of the question.

The expert who stepped into the question is right, they will test for all illegal drugs, not just the drug he was charged with. They will also check for alcohol. Furthermore, what the previous expert did NOT mention is they will also test for prescription controlled substances and if he is on any prescription medications he needs to provide documentation from his doctor as to the legitimate medical need for those prescriptions and the COURT must write in an exception to their order about that particular prescribed substance.



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Customer: replied 11 months ago.

Since I know that the original charge was in Oct 2011 and revoked in June 2012 - then new court hearing in July 2012 which now has been switched to drug court July 2013 because he failed a test. I can find all this online. All that county's records are accessible. But I don't know what the exact original charges were. Can I find that online or do I have to go into the court to find out what he was actually charged with?

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

You would go to the court to find out exactly what the charges were that are being prosecuted in the court are. Many times what someone is arrested for and what the DA finally charges him with can be different and that information would be in the clerk of court's case file.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88353
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 2 other Criminal Law Specialists are ready to help you
Customer: replied 11 months ago.

NOW - case in drug court which means every Friday. So, today it was set to go in on Monday for evaluation or assessment or something like that. And for court again on Friday. So what would the assessment/evaluation mean?

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

Assessment/evaluation is where the defendant completes a written questionnaire and then is questioned in general about the drug use and use habits (not about the offense they were charged with) by the drug court counselor. The rules are also clearly explained, including failure to show up even one time for a test can result in them losing their right to be in drug court and possibly being put back in jail.
Customer: replied 11 months ago.

well, he went to his assessment - and guess he felt pretty safe till court on Friday. They raided his house and he is now in jail. So, - - - is it safe to assume they will keep him in jail this time?? he had guns, knives, paraphanalia and I am sure drugs too. and alcohol that my granddaughter tried to say was hers so the cops called me and asked if she got it from my house and I told him that we don't drink.


so I know this is going to be second guessing the judge - especially since they seem to be trying to clear out California prisons, but doesn't this mean that they are going to put him in jail for at least 1 1/2 years? the original arrest goes back to oct 2011.

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for the update.

If they came to get him, this time I believe it is safe for you to assume he will have at least a high enough bail you would not be able to or not want to pay it for his release. It is a shame that your granddaughter is trying to take the rap.

While they might be trying to clear the prisons, if your son violated and was put into jail, the court is likely going to make him do some time at least, maybe not the whole 1 1/2 years, to impress upon him the court is not kidding with him and that this is serious. He also could lose his right for drug court, which is the worst part of this.

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