A few weeks ago i dropped dirty for cocaine but never have done cocaine. I explained this to her and she then gave me the option to pay out of my own pocket and get a blood test. It cost me 391.00 and came back that there was NO cocaine in my blood. After that she acted as if she didnt want to accept the lab papers that were faxed to her straight from the dr. Office. She made me believe i would still be violated. Then i asked her what happens when something like this happens to a person that cannot afford blood work and she smiled and shrugged her shoulder saying they lay down and take that violation?
Its very doubtful you have a legal claim against her based on the limited facts you have provided. If you are wanting her to be held accountable report her conduct to her supervisor and ask that the conduct be investigated. If you want to take it a little farther report her to your state representative and complain that government is overreaching and that you want the process to be changed so people are treat fair. Government employees hate it when state representatives or senators get involved in their work. I am also changing this to a criminal law question as those lawyers deal with probation officers all the time. They will have some good suggestions.
I agree with prior counsel that you likely do not have a legal basis for your complaint. The reason I say this is often times when the court orders a person on probation to submit to chemical testing, it requires the individual to pay for the cost of such testing. The preliminary tests given at the probation office are presumptive tests that are less accurate than a blood test or a confirmatory test. So the fact that you had to pay for the additional test from your doctor does not increase your obligations as a result of the PO's test. The court has chosen to utilize these presumptive tests, and without a challenge by the probationer to an additional test, the court will often accept the results of these preliminary tests for use in probation violations. Aside from her comments, which are also true, but calloused, I do not see a breach of her duties.
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