Do they drug test in court?

Asked almost 2 years ago - Houston, TX

My friend will be going to court on Wednesday. This is his second court date. He said the public defender said he was getting a second court date so he can try to get his sentence lessened. He originally was getting 9 months probation. He was charged with possession of marijuana. It was a misdemeanor. Is it likely he will be drug tested on this day?

Attorney answers (3)

  1. Macy Michelle Jaggers


    Contributor Level 20


    Lawyers agree

    Answered . It's not likely on a misdemeanor but is always possible.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Richard Timothy Jones

    Contributor Level 17


    Lawyers agree

    Answered . It is definitely possible that he may get drug tested. He needs to inform his attorney in advance if he is likely to test positive.
    Austin Jail Release and Bond Assistance
    Austin Probation Lawyer
    Austin Marijuana Lawyer

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more
  3. Lucio Antonio Montes

    Contributor Level 13


    Lawyer agrees

    Answered . Many judges will ask a defendant, when taking a plea for deferred adjudication or probation, of possibility of testing dirty if they get tested on that day. This is seemingly to establish a starting point to measure any violation of the terms of probation that certainly include no drug use. It is always possible that the court will order a drug test. The best thing that your friend can do is consult his defense attorney about the consequences of testing positive for drugs or the possibility of even being tested on that day. Every judge is different and I am sure that the defense attorney will be familiar with the proclivities of the particular judge.

    Legal disclaimer: My answers are only intended as general legal advice based on my experience. They are not... more

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