Skip to main content

Will I be drug tested at pre trial or at all? Will I be notified in advance?

Kent, OH |

I was arrested and charged with possession of marijuana and paraphernalia. This is my first offense and I was very cooperative with the officers. What I mean by notice, is will they say I have 90 days to schedule one.

Or at the arraignment will I be tested? I don't want to be tested and fail and be in more trouble at any court dates that I will have. Also; any idea what will happen with my charges, maybe get them dropped or reduced? Thank you!!

Attorney Answers 3

Posted

First hire a lawyer. Possession of less than 100g of marijuana and Paraphernalia (as long as marijuana paraphernalia) are both minor misdemeanors and do not carry jail but do carry a license suspension, fines, loss of job opportunities, and loss of ability to obtain student loans and grants. Unless you are convicted you will most likely not be drug tested but you should still play it safe and stop using drugs. If you are out on bond they may drug test you though and failing a drug test could result in you being put in jail. Hire an attorney.

www.becklawofficellc.com
Beavercreek, Fairborn, Dayton Criminal Defense

The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner

Mark as helpful

1 found this helpful

1 lawyer agrees

1 comment

Asker

Posted

Will it be on the spot drug test or a time frame for the drug test? Like I said 90 days or something. I am also looking at attorneys now. Thank you for all the information as well.

Posted

In the first place.... STOP USING DRUGS NOW, and STOP USING DRUGS at a bare minimum until you are off of probation. If you continue to use them during the proceedings you have a problem. Will you be tested at arraignment...Not likely. As a matter of fact if you hire an attorney you should not have to appear at the arraignment at all, assuming you are in muni court. I have had people however who at the time of sentencing were asked "if i send you down for a drug test right now, what would it show" -- Don't ever lie if asked that question. Stop the drug use asap and you should have no issues. You may qualify for a diversion program, where you plead guilty to the charge, but if you successfully make it through the program (including random tests) the case is dismissed. Hire an attorney, and stop the drug use asap.

The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice regarding your individual situation. Based on this response no attorney-client relationship has been formed. If your matter is in Cuyahoga County or surrounding counties, we invite you to contact us. Please visit our website at www.kirnerandboldt.com. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time and attorney-client relationship is formed. Attorneys in this firm are only licensed to practice in the state of Ohio and have no specific information as to the laws and rules of other states and none of the information provided is intended to be applied to the laws of other states.

Mark as helpful

2 lawyers agree

4 comments

Asker

Posted

I understand that but I was just curious as to when they would test me so I have enough time to get clean, it takes like 40 days to clean THC out of your system I was told. Thats why I was asking if I will have 90 days or something along those lines.

Peter Stephen Kirner

Peter Stephen Kirner

Posted

Well, a urine test and a hair follicle test are different. If the last time you used drugs when was you got caught, you should pass a urine test. It is not likely they will do a hair follicle test on you. So long as you stop using drugs, you should be fine. Hire an attorney.

Asker

Posted

Im looking at attorneys now. I hope they give me a time frame to complete it in; is that what usual occurs in court or is it on the spot?

Peter Stephen Kirner

Peter Stephen Kirner

Posted

Hire an attorney, you should be fine.

Posted

First thing: it's never a good idea to post case information on a public website like Avvo. You should talk with an attorney in a confidential setting. As far as what will happen with your charges, it's impossible to know until you talk with an attorney, which should be your biggest priority. I help people charged with drug offenses, and my office is not far from Kent. I would be happy to schedule a consultation with you to address some of your questions in a more appropriate manner. You can call my office at (216) 369-9106 if you would like to talk.

A response to a question on Avvo is NOT legal advice. These answers are provided for general informational purposes ONLY. Thomas Haren is not your attorney until you have signed a retainer agreement with his firm and paid a fee. Questions posted on Avvo normally provide very limited information, and thus a more detailed, private conversation is needed before any answers should be relied upon. DO NOT POST CONFIDENTIAL INFORMATION ON AVVO.

Mark as helpful

1 lawyer agrees

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics