Can DOC denie you a retest on a drug screen test?

Asked over 1 year ago - Philadelphia, PA

A random test was taken with 7 different inmates. All came up positive for K-2. A request was made for a retest and it was denied several times. The inmate offered to pay for the retest and a hair follicle test, but denied again. The inmate feels strongely about not taking any kind of drugs. Can DOC take that right and refuse the inmate to resolve the problem? What can we do about this? The inmate has written several judges and state reps to have the original lab to release the urine to be retested but continue to have road blocks. We have a month or so to handle this situation or the urine will be trashed. What can we do?

Attorney answers (3)

  1. Robert C. Keller

    Contributor Level 20


    Lawyers agree

    Answered . Retain a criminal defense attorney who can file a motion in court requesting that the Court order the release of the same for retesting. If you cannot afford a private attorney then apply for a public defender. Good luck.

  2. Lidia L. Alperovich


    Contributor Level 18


    Lawyers agree

    Answered . I will change the area of law to Civil Rights so your question can get better exposure

  3. Christopher M. Patterson

    Contributor Level 14


    Lawyers agree

    Answered . You need to immediately speak to an experienced criminal defense attorney who is familiar with the institution where the drug test occurred. You didn't mention in what context the urine test was conducted, what sanction was being imposed or whether there is an administrative procedure within the prison to appeal from the dirty urine. However, an attorney familiar with the institution should be able to tell you what course of action is available-whether it is administrative or directly with the court.

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