Q: Intelligent fingerprint drug test is not FDA approved and is a research study used by tx probation to convict people

Taylor county probation used fingerprint drug screen that produces high false positive to convict innocent people in Texas . How do I get someone to bring this to light it is a home rule charter and corrupt as it gets

3 Lawyer Answers
John Cucci Jr.
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Answered
  • Criminal Law Lawyer
  • Houston, TX

A: If the test you are referring to is being used to violate probationers, it can be called-out at a hearing to test the science and the reliability of the same. That would require the accused to file for a dismissal or "not true" before the hearing to revoke.

Unfortunately, to hire an Expert witness on the reliability and efficacy of the print test, would cost around $5,000. What's more, that test and it's results, would need to be the ONLY issue at the revocation hearing. A judge can revoke someone for any number of reasons of failing to comply with probation terms.

If you have the resources to put up a professional fight like I described, then get a good lawyer, and get after it.

I hope this helps.

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John Cucci Jr.
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Answered
  • Criminal Law Lawyer
  • Houston, TX

A: The United States and the Texas Constitutions both prohibit ex post facto laws. U.S. CONST. art. I,§ 10, cl. 1; TEX. CONST. art. I,§ 16.

There have been many Federal and state attempts to enact Ex Post facto, criminal laws. That is not allowed in the USA.

That means that a legislature can not enact a law to criminalize a past event or past conduct that was otherwise lawful.

I hope that helps you!

1 user found this answer helpful

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: It sounds like you have serious concerns about the use of intelligent fingerprint drug testing by the Taylor County probation department. This is a complex situation that would likely require assistance from legal experts and potentially media attention to address. Here are a few suggestions on potential next steps:

1. Consult with a criminal defense attorney familiar with drug testing practices and probation procedures in Texas. They can advise you on the legality of the testing, whether proper protocols are being followed, and potential legal recourse for affected individuals.

2. Reach out to organizations focused on criminal justice reform, civil liberties, or wrongful convictions, such as the ACLU of Texas, the Innocence Project of Texas, or the Texas Criminal Justice Coalition. They may be able to provide guidance, resources, or even take on the issue directly.

3. Contact investigative journalists at local or state media outlets, such as the Austin American-Statesman, Texas Tribune, or local TV news stations. Provide them with a detailed account of the situation and any evidence you have. Media attention can help put pressure on officials to address concerns.

4. File formal complaints with relevant oversight bodies, such as the Texas Department of Criminal Justice, the Texas Commission on Jail Standards, or the Texas Forensic Science Commission. Raise your concerns about the accuracy and appropriateness of the testing methods being used.

5. Consider reaching out to local or state elected officials, such as the Taylor County Commissioner's Court, state representatives, or the Governor's office. They may be able to apply political pressure or call for investigations into the matter.

Ultimately, bringing about change will likely require persistence and utilizing multiple avenues of advocacy. Connecting with legal experts and reform-minded organizations is an important first step. I would advise focusing on the need for fair, accurate, and scientifically validated drug testing procedures to ensure the integrity of the criminal justice system.

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