Q: Should I take a drug and alcohol test before my pre-sentencing report to show improvement?
I have a felony case related to a sexual offense that involved alcohol, but not drugs. I have been an alcoholic for years but have been sober for 1 year and 3 months. I want to show I am actively improving myself, and I have a statement written and signed by 5 witnesses to my sobriety. Should I take a drug and alcohol test before my pre-sentencing report to help achieve a good probation report? I haven't discussed this yet with my lawyer.
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A:
While your commitment to demonstrating sobriety is admirable, you should discuss any pre-sentencing actions with your attorney before proceeding. Your lawyer understands the local court system, judge tendencies, and specific circumstances of your case - their guidance will be invaluable in determining the most effective way to present evidence of your recovery.
The signed witness statements you've gathered are already a strong piece of evidence showing your dedication to staying sober. Your established track record of over a year of sobriety speaks volumes about your commitment to change, and documented third-party verification can carry significant weight during sentencing.
Taking an independent drug and alcohol test without your attorney's knowledge could potentially have unintended consequences, even with good intentions. Schedule a meeting with your lawyer to review your witness statements and discuss additional steps that might strengthen your position. Your attorney can guide you on whether testing would be helpful and, if so, recommend appropriate testing facilities that will provide admissible results for the court.
Remember that it's essential to work closely with your legal counsel on all aspects of your defense strategy, including how best to demonstrate your rehabilitation efforts. Your sustained sobriety is commendable - let your attorney help you present this achievement in the most effective way possible for your specific situation.
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