DoI have to take adrugtest after trial while awaiting sentencing if my crime is notdrug related?

It’s a second degree burglary charge.

Asked on September 9, 2011 under Criminal Law, Wisconsin


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Drug testing may either be a condition of your requirements when awaiting sentencing when you are incarcerated. You have not indicated if this was something proposed to you or if it was a requirement. There doesn't seem to be a violation of rights even if your current charges are not drug related. The incarceration is the issue. So if you had your trial (in court and within reach of your attorney), and you must go back to jail for the sentencing session to be scheduled or come up, the jail may have strict requirements to minimize entry of such illegal resources into its facility. If you are concerned and you know this has not been a prior requirement, go ahead and speak to your lawyer about it and explore the possibilities it may be a violation of your 4th amendment rights.

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