Can a probation officer drug test you if it is not a part of your sentence order? 4 Answers as of July 04, 2013

I was sentenced to 1-year non-reporting probation. The stipulations are pay fines community service, seek employment and not violate any law. I have quit smoking weed but I see my PO for the only time less than 2 weeks after sentencing and I am not sure if I would pass. I just want to know if the court has to order it

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Under most orders of probation drug testing is allowed.
Answer Applies to: Michigan
Replied: 7/4/2013
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
First of all, this question should be presented to the attorney who represents you. The practices and procedures of a particular court can vary. Your attorney may be able to give you some insight on the likelihood of a test or not. You did not explain what your offense may have been. If a substance abuse offense, you are more likely to e tested. If totally unrelated, then the probation department could still test you. Part of probation is to not commit any criminal offenses, and testing could reveal a violation of the law. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 7/7/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
Typically, not using drugs or alcohol would be a part of the probation order and then testing would be implied. In your case, a term and condition of probation is not to violate any law. Smoking marijuana is against the law. If there is suspicion that you have violated the law, then I believe the probation officer could test.
Answer Applies to: Michigan
Replied: 7/7/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Look very closely at the probation order. It is standard language that the judge gives broad power to your PO in that you may be required to submit to regular drug/alcohol testing and/or submit to random testing as well. It is not always a requirement, but it has been my experience that random testing is a part of probation. Review the probation order to see. If you no longer have a copy, contact the judge's staff or the criminal clerk to obtain a copy or ask your lawyer (if you had one) if he has a copy of the requirements.
Answer Applies to: Michigan
Replied: 7/6/2011
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