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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 486
Experience:  Attorney and Counselor at Law
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My daughter is in a NYS run drug rehabilitation program and

Customer Question

My daughter is in a NYS run drug rehabilitation program and is refusing blood testing. Can the court order the blood test? can the treatment program kick her out for refusing the blood test?
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 8 months ago.
Hello. I will help you with your questions. I have been a NYS Attorney for 26 years and a prosecutor for 9 years. I need the following information:Is your daughter in the program because of a criminal conviction? If so, was she put in this program as a diversion to prison?
Customer: replied 8 months ago.
Yes, she is in the program because of a criminal conviction and can be sent to jail if she does not complete the program.
Expert:  Colleen Grady replied 8 months ago.
The court does not have to order your daughter to take a blood test. Her refusal to do this is a violation of the agreement she signed when entering the program. This will be considered as evidence that she is using and she will be charged with a level "B" infraction.This infraction will require an immediate court appearance for the imposition of an appropriate sanction.POSSIBLE SANCTIONS areTo include but not limited to the following:• Writing assignment (essay)• Increased court reporting• Jail - length of time will be at the discretion of the JudgeThey may give her a chance to continue in the program if this is a first or second offense. The goal is to motivate her to get sober.I am really sorry you are going through this and I hope she will cooperate. Please let me know if you have further questions. I will be happy to help more. If you are satisfied with my help, I ask that you rate me.
Customer: replied 8 months ago.
I want her to stay in the program, can the court order a blood test? and can they kick her out is she refuses the test?
Expert:  Colleen Grady replied 8 months ago.
He won't order a blood test. He does not need to. Her refusal is a violation already and she will be considered to already be using because of her refusal. He can kick her out, but probably will not. He may put her in jail for a period of time to show he his serious about her refusals to cooperate, but will most probably continue her treatment.
Expert:  Colleen Grady replied 8 months ago.
I know what you are going through with this. My own daughter was addicted and denied she was using. The program your daughter is in takes into account your daughter's refusal to submit to testing. That is why they have supervision and why she will see the judge. The judge will play it tough and threatened her with jail if she does not get clean and does not follow the rules. The judge will do this as a motivator to get your daughter to do what she needs to do to get clean. Hang in there. It is the worst thing for a parent to go through.