I recently got a conditional dismissal for having a fake id and i got placed on what the judge called a lesser probation. on the conditions it says must take drug/alcohol test when asked. Will i be drug tested on my first meeting with the probation officer or even at all? im in nj and it is a non drug related crime
This is random, you could be asked on no days, five days, the first day or the last day only. Random. Probation requires you to follow the law, and the drug testing is part of that. Don't abuse alcohol either.
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While it is a random test, my client's experiences have indicated that they are being tested at their first interview and then randomly thereafter.
The only question I have is whether or not you were truly put into the conditional discharge program. That program is reserved for 1st time, low level drug offenses. I have never heard of it being used for a fake id charge.
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It is a random test. You certainly could be tested. From your post, it can be inferred that you are concerned that you may fail the test. Do yourself a favor and stay away from drugs. That way you will have nothing to worry about. Best of luck
The conditional dismissal program is similar to conditional discharge . They both are called CD and both result in dismissal of the charges if completed. The difference is that conditional dismissal requires a guilty plea to enter while conditional discharge does not. Since this was not a CD (drug) there may be less focus on the tests. But they can test you whenever they want. If the first meeting is within 30 days they may give you a break. After that you likely would violate.
As the other counsel have noted, the drug tests during a probationary period are random. I have had some clients tested on their first meeting and some at the very end of their probation.
Based on my clients' experiences, you should go in to that first meeting with the expectation of being tested.
Standard Conditions of Adult Probation
While on probation, you will be under the supervision of a probation officer. You are required to comply with the conditions of probation listed below.
If there is probable cause to believe that you have committed another offense during your term of probation, the Court may commit you to jail without bail. If the Court finds that you have violated your probation, it may impose on you any sentence authorized by law for the offense of which you were originally convicted, up to and including the maximum term of incarceration.
1. You shall obey all federal, state, and municipal laws and ordinances. You shall notify your probation officer if you are arrested or issued a summons in any jurisdiction.
2. You shall report to your probation officer as directed.
3. You shall answer truthfully all inquiries made by your probation officer.
4. You shall permit your probation officer to visit your residence or any other suitable place.
5. You shall submit at any time to a search conducted by a probation officer, without a warrant, of your person, place of residence, vehicle, or other personal property.
6. You shall promptly report any change of address or residence to your probation officer. You must obtain permission from your probation officer if you wish to move outside the county or state. You may not leave the state of New Jersey for more than 24 hours without permission from your probation officer.
7. You shall cooperate in any medical and/or psychological examinations, tests and/or counseling your probation officer recommends.
8. You shall submit to drug or alcohol testing at any time, as directed by your probation officer.
9. You shall support your dependents and meet your family responsibilities.
10. You shall seek and maintain gainful employment, and promptly notify your officer when you change your place of employment or find yourself out of work.
11. You shall not have in your possession any firearm or other dangerous weapon as defined in N.J.S.A. 2C: 39 et seq. If you possess a permit to purchase a handgun or a firearms purchaser identification card, you must surrender these documents promptly to your probation officer. In addition, if you presently own any weapons, they must either be surrendered to your local police department or to any other criminal justice agency designated by your probation officer.
12. You shall make payments on any fine, penalty assessment, restitution or other financial obligation as provided by Court order. Failure to comply may result in further Court action, pursuant to N.J.S.A. 2C:46-2b; including attachment of your wages, filing of a civil judgment, and/or extension of your probation term.
13. You shall provide a DNA sample as a condition of the sentence imposed, pursuant to DNA Database and Databank Act of 1994, N.J.S.A. 53:1-20.17, et seq. (see L. 1994, c. 136, as amended by L. 2000, c. 118, as amended by L. 2003, c. 183 effective Sept. 22, 2003) unless you are convicted of a disorderly persons offense or a petty disorderly persons offense.
14. You shall provide all financial documentation necessary to verify income, and you shall authorize the release of New Jersey Income tax information by signing a WAIVER AND AUTHORIZATION TO RELEASE CONFIDENTIAL NEW JERSEY TAX INFORMATION. This information shall be utilized by the Judiciary only, and for the sole and limited purpose of income verification for the collection of court ordered financial obligations and shall not be disseminated in any manner.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. Consult and hire a NJ Certified attorney asap.
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