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Drug Test Violation of Probation Tampering with Urine
Anonymous1 views3 answers
If I am vopped for tampering with my urine, dont they have to send it to a lab? Do they have to show you the drug test results if they say it is positive? Doesn't that also need to be sent for lab testing?
If they have a reasonable suspicion that you tampered with the urine then they can arrest you. Now, in order to find you in violation there are going to need to be sufficient evidence which will probably mean the urine test itself. I suggest you contact an attorney if you have a VOP pending so that you can properly fight this charge.
Just being Devil's advocate, but why would they test it if they think it was tampered with? Are you saying they are accusing you of bait and switch (sneaking in someone else's sample) or using your own but diluting it with massive water consumption or the use of something like a masking tea?
In the latter situation I think their chances would be hurt without a lab test. If they are saying you snuck in a sample, they would not need a lab test. However, as in any violation, they need evidence to convince the Judge to the "Court's conscience," which is generally considered preponderance of the evidence or greater than 50% that you willfully and materially violated your probation, before it can be revoked.
I think you might get some more useful answers if you add some information to your question and tell us what they are saying you did to "tamper."
Those would be issues to be raised by your lawyer in a VOP hearing, if your unfortunate enough to have to have one. Obviously they have to have some evidence or testimony from a witness that you did something to tamper with it, but the allegation is enough to start the VOP process and the warant. Get a lawyer and start putting together an argument as to why you should get a bond for the VOP.