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When will be the first time I get drug tested after being arrested for possession?

Wayne, NJ |

I just got arrested on Tuesday and have my first court appearance next Thursday. When should I be clean and when will I receive my first drug test. Will it be when I go on probation?
Also can a lawyer represent two people from the same incident. Me and my girlfriend both got possession charges that night for the same drugs.

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Attorney answers 5


If you have not been tested as of yet than the first time that you'll be tested most probably will be if and when you would enter probation. I would urge you very strongly to hire an attorney who is experienced in these areas of law. There are many things that need to be evaluated and assessed before you should even consider accepting any type of plea offer or entering into a diversionary program. Your attorney has to examine whether or not there was probable cause for the stop, for the police to be able to get you out of the car and speak to you, the search itself, and if any statements you made were inadmissable. It is very tempting to try to take a quick plea or enter into a diversionary program in order to get this entire episode over with as soon as possible. However, this is not necessarily the correct path to take. There are many ramifications of these two choices which could want you later on down the law. It is always better to consult with an attorney to make sure that whatever choice you're making is one which is both informed and takes into account possible future ramifications. Contact abattorney as soon as possible to be able to review your case and determine the best way to move forward.

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Both you and your girlfriend need separate attorneys. There would be a conflict to represent you both.
As to the drug test, you won't be drug tested unless there is a conviction. Right now you need to retain an attorney. Do this before your scheduled court appearance.
Don't discuss the details of your case until you speak to an attorney in person and confidentially so you can be further advised. Good luck on your case.

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You won't be drug tested until you are convicted or enter a diversionary program, but that doesn't mean you shouldn't get clean. Each of you needs your own lawyer. You didn't mention what type of drugs, but no matter what you need a lawyer and the sooner you hire one the better.


The courts view it as a conflict of interest to represent co-defendants. It is technically possible to waive the conflict, but the court will resist the idea and it is not a good plan anyway. It is important each if your interests and cases are separately analyzed and advocated for. As already indicated you will not have to worry about testing until after a conviction and sentencing or entering a diversionary program, probably months from now. You should each talk to an attorney about your cases. Good luck.


Most courts will not allow a conflict representation but that can be worked out. No drug test until the probation begins.

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