If a judge doesn’t order you to submit to adrug test, can a probation officer make you submit anyway?

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If a judge doesn’t order you to submit to adrug test, can a probation officer make you submit anyway?

The probation officer told me that I had to submit to a random frug test and pay $30 for lab fees. When I explained to her that the judge didn’t order me to submit and I did not give her the fee. She would not let me leave the office until I had given her an urine sample. She did not ask what legal medication I was on she just wanted me to give her a sample and pay her the $30 on my next visit

Asked on November 28, 2011 under Criminal Law, Mississippi

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are on probation for a crime that you either plead out to or were convicted, the terms and conditions of the order of probation control what is required of you, nothing more or less.

You need to carefully read the probation order as to you and what the court's sentence was as to you. If there was reference to you having to submit to random drug testing in any of the two documents that I have mentioned, then you are obligated to submit to the random drug test that your probation officer undertook as to you.

If you do not have a criminal defense attorney representing you, I suggest that you consult with one.


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