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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12781
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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I am currently on Federal Supervised Release. I have the standard

Resolved Question:

I am currently on Federal Supervised Release. I have the standard condition of random drug tests. I am legally prescribed mixed-salts amphetamines and a benzodiazepine,both which are screened for in the random UAs paid for by the feds. My family physician has asked if he can get a copy of the results, presumably to protect himself against any diversion issues.I requested the Probation Office to forward them to him to which my PO replied: "No, they are the property of the court and I cannot release the results." I am completely compliant and taking my prescribed medications and use no illicit drugs. I want to save the money of having to pay my doctor for him to perform independent UA's. Is there any chance I could convince the court to release those results to my doctor and if so how would I go about it?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 9 months ago.

Alex J. Esq. :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex J. Esq. :

Are you online with me?

Alex J. Esq. :

Welcome to JustAnswer.com

Customer:

hello Alex, yes I am

Alex J. Esq. :

Did the fact that you were prescribed this mixed salts and benzo, cause any issues after you took the u/a?

Customer:

yes and no. there was some complaints about the expense of gas chromatic mass spectrometry verification of the amphetamine. However my physician specifically stated that he is satisfied with the initial screening and does not need the GCMS results

Alex J. Esq. :

Well, the only way you would have a right or a chance of getting government performed results of your U/A if there is an issue with it.

Alex J. Esq. :

If the PO decides to initiate a violation against you, then your local attorney will be able to request a copy of the test results, but other than that, there would not be any way for you to legally obtain a copy of the results.

Alex J. Esq. :

Does this make sense?

Alex J. Esq. :

Do you have any related follow up questions?

Customer:

there is not a method or procedure whereby I could request those results from the court? The USPO said "their property of the court." I thought I could perhaps somehow petitioned the court on the premise of affordability and get them to release the results. I'm fresh out of federal prison. I have to watch every penny and my physician will require me to pay the random testing to verify I am drugs while the government pays for random testing to verify that I'm not doing drugs. Seems like if it were discretionary to the judge he would take into consideration the redundancy of expense and my need to save money. But I guess it doesn't work that way, right? Is that by statute or by court policy? In other words is there any discretionary wiggle room based on the judicial district?certainly your answer about the availability of discovery for a revocation hearing does make sense to me.

Alex J. Esq. :

Correct.

Customer:

I'm sorry Alex. Does the court have some discretion and how would I ask them?

Alex J. Esq. :

The fact that it would safe you money would not be a legal reason or just cause to base your request on for the lab results.

Customer:

and you don't feel there is any argument to be made for release other than

Alex J. Esq. :

The judge simply would not release this results, based on financial need.

Customer:

revocation proceedings?

Customer:

only

Alex J. Esq. :

If you were charged with violation of your supervised release, then you would have legal grounds to review the lab results.

Customer:

is there any other argument that could be made for release of those records?

Alex J. Esq. :

correct.

Alex J. Esq. :

No

Customer:

well, I'm not satisfied with your answer, because I don't like it. However, I am satisfied with your advice and it's good to know and I will rate you for your good service. Thank you

Alex J. Esq. :

Absolutely none. Not if UA are paid for by the federal government. I handled similar cases and I have never seen the judge lab results simply based on financial needs, for which the government and not the person subject to release / probation paid.

Customer:

if there is any potential effect from this: the probation office has recently informed me that I will have to start participating in a portion of the cost of the UAs because of the expense of the GCMS verification

Alex J. Esq. :

I am very sorry to give you this bad news, but I have professional obligation to provide JustAnswer.com customers with correct answer and if I told you something that is not correct, simply to make you feel better, it would only make things more difficult for you and would not help to solve the issue.

Alex J. Esq. :

Well, if you have to pay for your own UA, there is still no guarantee that the test results would be released to you.

Customer:

and I would be disappointed if you gave me misinformation. I'm just asking if the fact that I am going to have to start participating in a portion of the cost of the testing, does that increase my chances of obtaining the results?

Customer:

oh I see your answer now

Alex J. Esq. :

There are reason as to why PO and Judges do not want to release such results, unless there is an issue.

Alex J. Esq. :

There are various reasons, as to why it might be difficult to obtain your UA results, from the government.

Customer:

makes sense

Customer:

and a pro se petition would make it a snowballs chance in hell I'm sure

Alex J. Esq. :

It is not only cost related, but in some cases you might test inconsistent or even positive for something and the PO would not want you to know right away, so they can randomly follow up on it...

Alex J. Esq. :

Does that make sense?

Customer:

yes it does. I have experience that exact scenario

Alex J. Esq. :

I am afraid it might not even ever make it to the judge or at least to the hearing in federal court.

Customer:

My Judge is somewhat atypical from what I've heard. he encourages probationers to make appointments with his clerk to discuss and clarify any issues they may have. I hear that's almost unheard of from federal judges

Alex J. Esq. :

also, to hire a local federal criminal law attorney to prepare this motion for you, can by far cost more than any saving benefit that you would get even if such request is approved (which is a very slight chance).

Alex J. Esq. :

Yes, that is really unusual for federal judges to be that open minded when it comes to post-conviction process.

Alex J. Esq. :

However, if the PO and prosecutor objects to the release of lab results, I would say there is hardly any chance the judge would go against their recommendation.

Alex J. Esq. :

Does that make sense?

Customer:

he's big and advocacy stuff. Sits on the local state drug court, sentencing commissions, etc. He is young and appears to be enthusiastic. That's why I thought I might stand some chance. He was appointed to the seat his father-in-law held for over 30 years. I've learned from my experience with the Fed's if the PO and/or prosecutor objects to anything, I'm f**ked. Pardon my language I'm less than a month out of prison

Customer:

I think you've given me a very good idea of what I'm facing. I appreciate your time and advice and will gladly pay the reasonable fee associated with it.

Alex J. Esq. :

I understand your frustration completely.

Alex J. Esq. :

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required

Customer:

thank you

Customer:

maybe not required but deserved. You have been generous with your time, forthcoming and I believe as honest as possible

Alex J. Esq. :

Thank you for your kind words and God bless you!

Customer:

good night

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12781
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 8 other Criminal Law Specialists are ready to help you

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