Cape Elizabeth, ME asked in Criminal Law for Massachusetts

Q: Do they do drug testing on all people that have to go to probation?

Related Topics:
2 Lawyer Answers
  • Criminal Law Lawyer
  • Washington, DC
  • Licensed in Massachusetts

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.

  • Criminal Law Lawyer
  • West Roxbury, MA
  • Licensed in Massachusetts

A: 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.