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If I am on formal probation for a non-drug related misdemeanor, will i be drug tested? If so, what happens if I don't pass?

San Diego, CA |

I've been charged with distribution of matter depicting a person(s) under 18 in sexual conduct. I know it's awful.

It's not a new charge. it is the original charge that i am on probation for.

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Attorney answers 6

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Well, the answer to the first question is "maybe." Drug testing is a standard term of probation, but the odds of them wasting their time and resources on testing someone who was convicted of a non drug related offense are pretty small.

That being said, if you are tested and fail, that would be a violation of your probation and the judge could send you to jail for up to a year.

SLG Criminal Law Group
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It is unclear how the first part of your question (drug-testing) relates to the 2nd part (new charge of possession of child porn.). So, I can't answer your question w/o more info.


The answer to your first question (Will I be drug tested) is probably not. The probation department has the right to drug test you, (it is a standard term of probation) but if you are not on probation for a drug offense, the odds are they won't waste their resources on checking your pee. The answer to your second question (If so, whatt happens if I don't pass) is that your probation would be violated and you could be sent to jail for up to a year (minus any time you have already spent in jail on the underlying offense).
I'm sure that wasn't the answer you wanted. Sorry.


You are so focusing on the wrong thing. You need to be concerned over the new charge. This charge can be federal and you could go to prison for years and years. For example a short video clip could include hundreds of images. Because the way they charge that crime, they charge it per image. A few seconds of video can have hundreds of images.

Anyway. Will you be drug tested? Who knows.
Can you go to prison for 10 years or more for possession of child porn. Yes. - THAT IS YOUR concern.

Hire a lawyer.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.


It seems odd that you would be on formal probation instead of summary probation for a misdemeanor. Are you sure it was a misdemeanor? If you are on summary probation then you will not be drug tested.


The formal probation for the misdemeanor you were convicted of makes sense, but you should also have a copy of the conditions of your formal misdemeanor probation. Was drug testing one of the conditions? If so, stop using drugs since you would be subject to up to 365 days jail for a violation of your probation.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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