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Will I have to take a drug test at my arraignment hearing? If so, how does the drug test influence the judge's decision?

Potsdam, NY |

I was arrested for felony misdemeanor b possession of 28 grams of marijuana.

Attorney Answers 4


No. Unless that is a local procedure I don't know about. I've only seen in court drug testing where the defendant is in a drug program. They can't make you take a test without a warrant unless you agree

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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The only way you have to take a drug test is if the Court orders one which is unusual.
Speak/hire a local attorney to best advise you on the issue.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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Your charge is a "B" misdemeanor, not a felony.

I can not imagine any scenario in which you would be expected to take a drug test at your arraignment unless, perhaps, you are on Probation or Parole for other drug related charges. In any event, that test (if ordered by the court or your PO) would not take place in court or as part of your arraignment.

However, this is why it is best to prepare with an attorney prior to arraignment and to appear at court for arraignment represented by a capable attorney. I suggest you contact one and arrange to retain him or her.

Christopher I. Simser, Sr.
Anelli Xavier
269 West Jefferson Street, 2nd Floor
Syracuse, NY 13202

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Unless you agreed to pre-release supervision in order to get out of jail or avoid jail during prosecution in lieu of bail, no one would be authorized to order drug testing.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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