long story short, i got accused of rape. The female that lied about it put a temporary restraining order on me but i believe her story is very inconsistent since its been a month & a half and the police report is not out yet. I haven't been issued a court date for the felony of rape since my charges are still pending. However, i do have a court date for the temporary restraining order in a few weeks which i know will work out in my favor since the female has many holes in the story & the judge will not easily be fooled. i have two questions. Will i get drug tested for a temporary restraining order during court? Will i get in trouble for having marijuana in my system if i do? this is a marijuana based question. I live in California and i hope they cannot use marijuana against me
You need to hire a lawyer IMMEDIATELY.
What you do in the restraining order case could seriously hurt you if criminal charges are filed.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney. Free consultation only applies to potential clients with a criminal case within 100 miles of Chico, California.
I practice in San Diego. Agree with Mr. Marshall that you need to retain an attorney at once! You’re focusing on all the wrong things. You won’t be tested regarding a restraining order nor will you ever get the police report which may already be in the DA’s hands.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
Stop worrying about the marijuana and start worrying about pending criminal charges. Even if it is completely bogus, rape carries a significant term in state prison (depending on the facts) and lifetime sex registration. You need to, at a bare minimum, continue the restraining order hearing until after there is clarity on the criminal side. It would be best if you hired a local attorney willing to begin investigation right away to see if charges can be avoided altogether. Set up in-person consultations until you find someone you are comfortable with.
If I had a client in this situation, there is no way in Hell that they'd be testifying in any manner at a TRO hearing. As you are not my client, I suppose you will do whatever you will do. From what information you have provided, I can't see any reason why you'd be tested for marijuana or how that could even matter if they did test you. Hire a criminal defense attorney BEFORE that hearing on the TRO.
This answer creates no attorney-client relationship. I am not your lawyer. This is NOT legal advice. It is a general discussion of legal principles. You should consult with an attorney.
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