Q: Do they do drug testing on all people that have to go to probation?
A: No, probation is a contract and consists of terms that you and your lawyer and the Commonwealth's attorney (ADA) agree to and present to the judge. If it is a drug offense or you have a history of drug use, then random drug and alcohol screenings will probably be a condition requested by the Commonwealth and required by the judge. If you have no history of drug use and the crime is not related to drugs, it may not be a condition. Each case is different. Please note that this is not legal advice and should be considered general information only.
Typically random drug and/or alcohol testing is imposed in the Terms and Conditions of Probation where the person is charged with a Drug Crime or if drugs/alcohol was related the commission of the person committing the offense.
Typical charges where drug/alcohol testing might be imposed in probation would include drug crimes, drunk driving related offenses, and even theft crimes where the person has a criminal history of drug-related crimes (as Judges perceive that most theft crimes are committing for the procurement of drugs).
In my practice, I try to avoid my clients from being subjected to additional terms of probation such as drug/alcohol testing, even in drug cases, as I believe the less conditions imposed results in the least likelihood of the client being charged with a Probation Violation.
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