Do they make you take a drug test in court if you get a marijuana possession infraction? 43 Answers as of May 22, 2013

One of my friends I was with a month ago dropped a bag of marijuana by a tree when we were stopped by cops. They found it and then searched us and since none of us claimed the bag the cop charged the four of us with <28.5 g of marijuana and paraphernalia. They recently dropped the paraphernalia charge and I have not received my court date. I was wondering if they would make us take drug tests at court. If they did not find anything on me, except paraphernalia, do I need an attorney or can I just represent myself? If I need one how much would it cost?

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William L. Welch, III Attorney | William L. Welch, III
Drug screening might be a condition of pretrial release. When deciding whether to represent yourself, consider whether you know enough about criminal law, criminal procedure, the rules of evidence, and the judge to risk going to prison and having a criminal record. Your opponent the state will be represented by an attorney.
Answer Applies to: Maryland
Replied: 8/30/2012
Anderson Law Office
Anderson Law Office | Scott L. Anderson
Depends on the judge and the county.
Answer Applies to: Minnesota
Replied: 8/30/2012
James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
Would you do brain surgery on yourself? Or would you hire a professional to do it? Does that answer your question.
Answer Applies to: Michigan
Replied: 8/29/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Get an attorney. How much is up to you and the attorney. Different lawyers charge different amounts.
Answer Applies to: Michigan
Replied: 8/29/2012
Law Offices of Mark L. Smith
Law Offices of Mark L. Smith | Mark L. Smith
Not in court occasionally with pretrial services they will do random drug screening.
Answer Applies to: Rhode Island
Replied: 8/28/2012
    Law Offices of Eric J. Bell | Eric J. Bell
    If you care about your future and your liberty - you should hire an experienced criminal lawyer. Do not represent yourself.
    Answer Applies to: Illinois
    Replied: 8/28/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    yes, count on being tested often. An attorney fee can vary depending on the court and their experience.
    Answer Applies to: Michigan
    Replied: 8/27/2012
    Steven Alpers | Steven Alpers
    Only juvenile court regularly tests people coming to court. It is possible that this will be charged as an infraction with only a fine possible. An attorney can usually help.
    Answer Applies to: California
    Replied: 8/27/2012
    Grant & Grant
    Grant & Grant | Richard L. Grant, Esq.
    No. You need to hire an experienced criminal attorney or request a public defender. The cost of hiring a defense attorney will depend on the facts of your case and whether you are being charged with a Felony or Misdemeanor.
    Answer Applies to: California
    Replied: 8/27/2012
    Law office of Robert D. Scott | Robert Scott
    If you receive a court date, the court could order drug testing as a condition of your release. It is always wise to have counsel in court proceedings. Fees can be negotiated with the attorney wish to hire.
    Answer Applies to: Maryland
    Replied: 8/27/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You definitely need an attorney, however, I cannot tell you how much one will charge. Shop around and compare fees. If you are indigent, you might qualify for the services of a public defender. Do NOT try handling the case on your own. You might be ordered to submit to periodic drug testing if placed on probation, however I doubt you would be expected to submit to a test on your initial appearance in court.
    Answer Applies to: Illinois
    Replied: 8/27/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    They probably will not have you take a drug test at court but if you are sentenced to probation then there will probably be periodic testing. You should hire an attorney to negotiate a favorable plea bargain. Each attorney sets his own fee.
    Answer Applies to: New York
    Replied: 8/27/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    That would be up to the judge. If he believes you may be under the influence, then he could order a test prior to pronouncing sentence.
    Answer Applies to: Kansas
    Replied: 8/27/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The court can order one as part of sentencing and probation, but they sure aren't going to make you pee in a cup in the courtroom at your arraignment. If taken into custody, they can require a test then anytime they want.
    Answer Applies to: California
    Replied: 8/27/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    In Laramie county Wyoming, yes
    Answer Applies to: Wyoming
    Replied: 8/27/2012
    Clinton Law Office | Michael Clinton
    Only a fool represents himself especially in a criminal matter. A good attorney can probably get the charges against you dropped of course that assumes that all the facts have been presented above.
    Answer Applies to: Washington
    Replied: 8/27/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No they don;t make you do that in court, but you will still need an attorney if you want to get the charge dismissed. MIP, while a relatively minor charge, results in you losing your license for 1 year. You should hire a lawyer to try and get it dismissed.
    Answer Applies to: California
    Replied: 8/27/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes, you need an attorney, the cost depends on the attorney.
    Answer Applies to: Michigan
    Replied: 8/27/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    It would be unlikely that you would be drug tested at court, albeit not impossible. Depending upon your county, a lawyer would cost $200-400 per hour or you can get a free Public Defender.
    Answer Applies to: Pennsylvania
    Replied: 8/27/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You can always represent yourself. Do you know that a conviction for misdemeanor marijuana suspends your driver's license? No, then you probably need an attorney, because you do nto knwo what you need to know to represent yourself. Attorneys charge different fees based on their experience and reputation.
    Answer Applies to: Georgia
    Replied: 8/27/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    You can always represent yourself, the question is, should you. I would get a lawyer if you were my son. I would not want the charge on his record. A lawyer will know how to obtain the best possible outcome whereas without a lawyer, you can only hope you did the best you could.
    Answer Applies to: Massachusetts
    Replied: 8/27/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    Yes, that may be imposed as a condition of bond or disposition of the case.
    Answer Applies to: Illinois
    Replied: 8/27/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Only if you are convicted unless it is a condition of your pre-trial release. You should hire an attorney because a drug conviction has significant consequences. The cost would vary from lawyer to lawyer.
    Answer Applies to: Washington
    Replied: 8/27/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    They will not.
    Answer Applies to: Nevada
    Replied: 8/27/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If the judge orders it as part of your sentence, then, yes. With a conviction, you could go to jail. A criminal record could also impact your ability to get a job and to get into a good college, as well as disqualify you from educational grants and loans. With all this at stake, yes, I think you should hire an attorney. How much oit will cost depends upon the facts of the case and what the attorney charges.
    Answer Applies to: Washington
    Replied: 8/27/2012
    Kalberg Law Office, L.L.C. | Chris Kalberg
    The judge could order you to drop at your court date. Several local judges do this routinely. As for the rest you should probably contact local counsel to discuss. There are a lot if variables there and representing yourself is not a good idea.
    Answer Applies to: Kansas
    Replied: 8/27/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    No.
    Answer Applies to: New York
    Replied: 5/22/2013
    LeadfootSpeedingTicket.com
    LeadfootSpeedingTicket.com | Andrea Storey Rogers
    Yes, you definitely need to hire an attorney to represent you. Do not plead guilty. They won't make you take drug tests at court. If you have no prior convictions, depending on the court, it's possible that your attorney can get this reduced to a lesser offense, such as Littering. You may have to take a court-ordered drug education class, pay a fine and court costs, or you might have to accept an SIS (suspended imposition of sentence) and probation to keep it off your record. Keep in mind that I am giving you my best estimate based on my experience with these types of cases in the St. Louis area.
    Answer Applies to: Missouri
    Replied: 8/27/2012
    Walpole Law | Robert J. Walpole
    Because you are asking such basic questions, I do not recommend that you represent yourself. As Mr. Obvious would say, get estimates from at least 3 attorneys. That will give you a good idea as to what the cost will be.
    Answer Applies to: Oklahoma
    Replied: 8/27/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    Not if you are 18 or older
    Answer Applies to: New Jersey
    Replied: 8/27/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A court may order as a condition of release any defendant to provide random testing for drugs. It would not be unusual for the Judge to issue such an order at a court appearance.
    Answer Applies to: Minnesota
    Replied: 8/27/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    You should get an attorney. A drug test from a court appearance is rare but I do know of one judge who does that.
    Answer Applies to: Pennsylvania
    Replied: 8/27/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Court's oftentimes will ask if you have recently taken drugs and therafter will drug test you. You should consider all criminal charges, even what you beleive to be minor drug charges to be important enough to hire an attorney to represent you. Adult felony or misdemeanor convictions are a permanent record. If you can avoid a conviction you should make every effort to do so. The amount your attorney charges you is between you and your attorney. Most attorneys will charge a fee depending on the seriousness of the facts, the location where you must appear in court, your past record, and the experience of the attorney.
    Answer Applies to: Alabama
    Replied: 8/27/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    I do not believe your case is an infraction, it is probably a misdemeanor and you should retain a good criminal lawyer to handle the matter. Unless the police officer saw you throw it on the ground you may be able to win the trial and should not take a plea. You may be offered an ACD dismissal and that is a fairly good result, but an acquittal or dismissal is a better disposition. If this is a first offense without any admissions or evidence that the marijuana belonged to you then you will probably win the trial. Your co-defendants may testify against you and that will depend on whether they admit to throwing it on the ground or claim that you did that. You could be ordered to get a drug evaluation by the judge at arraignment, it depends on what city you are in.
    Answer Applies to: New York
    Replied: 8/27/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    They can.
    Answer Applies to: Michigan
    Replied: 8/27/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Normally they don't test you in court.
    Answer Applies to: Nebraska
    Replied: 8/27/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Get an atty no matter what the cost. In nj, they will not do a pee test in court.
    Answer Applies to: New Jersey
    Replied: 8/27/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    First things first. Get your own attorney to represent you. Everybody will claim that it was the other person's marijuana.
    Answer Applies to: Illinois
    Replied: 8/27/2012
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    It can be a bond condition
    Answer Applies to: Texas
    Replied: 8/27/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    They won't make you take a drug test in court. You need a lawyer. Prices will vary depending on the location of the case, your past record, experience level of the lawyer, etc.
    Answer Applies to: Georgia
    Replied: 8/27/2012
    Mary W Craig P.C. | Mary W Craig
    You should never go to court alone if you are facing a charge that could get you jail time, and this can. How much a lawyer costs varies, and you should call around and get estimates from more than one. It's a buyer's market, but the lowest bid is not necessarily the best lawyer. The highest bid isn't necessarily the best, either. While it is not likely that you will have to take a drug test the day you go to court, I've seen it happen. My recommendation is that you not smoke anything or take anything for a while before you show up for court. Testing positive will never help you, and if the judge thinks you were using before you came to court, he may decide not to give you probation.
    Answer Applies to: Alabama
    Replied: 8/27/2012
    Law Office of William L Spern | William Spern
    The police have the burden of proving who possessed the bag. You will not be required to drop until after a conviction from a verdict or plea.
    Answer Applies to: Michigan
    Replied: 8/27/2012
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