I've heard in the past that if you were applying for the Northampton County ARD program for first-time offenders you weren't required to pass a urine test to get into the program. Has this since changed recently? If so, will a positive result in denial of ARD?
(This is for small amount marijuana possession charge, not a DUI)
ARD subjects a person to a more relaxed term of supervision; however, a period of supervision none the less. The program usually outlines the specific conditions an applicant must adhere to at the time the Court orders a person into the program. Every county and case can require different conditions for the successful completion of ARD. Speak to your attorney and read the ARD contract signed by the participant.
The response above is not intended as legal advice. This response is for educational purposes only and help you take the appropriate steps to resolve a legal issue. I have not met with you and I am not knowledgeable about the specific details of your case. Each case is unique and different. Therefore, it is highly recommended that you contact and meet with a licensed criminal defense attorney to discuss your specific circumstances. In addition, an attorney-client relationship is not created by virtue of this response.
While I do not regularly practice in Northampton County, I can add that it is advisable to purge yourself of any illegal drug use during the pendency of your criminal proceedings and probation.
All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. Without the benefit of a personal consultation to explore all of the facts of your legal problem, the information in this posting may be inaccurate and for that reason it should not be relied upon.
If you are asking this question, you are setting yourself up for failure. If your offense was drug-related, (and it appears that it was) it is reasonable to expect drug testing during your supervision. Most offices will require drug testing if for no other reason than to establish a base-line. The problem arises with a second positive result that is higher than the first. Do not waste this opportunity to avoid a criminal conviction. Wise up. Stop smoking dope and get yourself into a program to break your drug addiction. Good luck.
It is not at all unusual to be drug test while on probation especially for drugs. If you're concerned about be drug tested then I'd say you're not adhering to the ARD program seriously and will sooner or later be kicked out for a dirty urine and then have to stand trial.
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