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In Florida, can probation officer do random drug test if it's a non related drug charges. It's just grand theft, felony?
Anonymous6 views4 answers
Probation is an alternative to incarceration and there are standard conditions and special conditions. One of the standard conditions is that any probationer may be drug tested at any time regardless of the charge. If he had been put on probation for a drug charge it is likely that there would be more frequent and regularly scheduled drug tests. False positives do happen sometime based on other prescribed medications, but as long as his PO has a copy of the prescription he should be ok. Don't forget, you and he are lucky to be on probation so comply with everything 110% or you could be facing a maximum sentence on the underlying charge(s).
Probation is an alternative to incarceration and there are standard conditions and special conditions. One of the standard conditions is that any probationer may be drug tested at any time regardless of the charge. If he had been put on probation for a drug charge it is likely that there would be more frequent and regularly scheduled drug tests. False positives do happen sometime based on other prescribed medications, but as long as his PO has a copy of the prescription he should be ok. Don't forget, you and he are lucky to be on probation so comply with everything 110% or you could be facing a maximum sentence on the underlying charge(s).
It is a standard condition of probation. You have court costs to pay, and probation has this weird thing that they'd like you to pay them, and not waste them on drugs.
I agree with Mr. Haber. When on probation, you can expect drug testing as well as checks on your residence and employment. It is also important to be cognizant of who you associate with. A violation can occur if you are "hanging out" or associating with some individuals. Probation means higher scrutiny on you and you forego certain rights.
Q: In Florida, can probation officer do random drug test if it's a non related drug charges. It's just grand theft, felony?
A: Yes. Absolutely.
Anyone on probation in FL is subject to U/A.
Unless the court specifically orders it as a condition of probation (i.e. weekly, monthly, etc) then the PO is free to exercise discretion as to whether to require U/A and if so then when.
While you are on probation you should assume that you can and will be U/A'd at any time and you should comport your behavior accordingly.
Being on probation is an alternative to incarceration. It is a gift of sorts, albeit it is given by an Indian giver who can take it back at any time (the alternative being jail). It behooves you to remember that at all times while serving your probationary period. It may help to think of your time on probation as walking on a tightrope. Stray just a little to either side, lose your concentration or balance even for a moment and you fall. However, instead of landing on the ground you land in jail or prison.
Neither prosecutors nor Judges look favorably on people who squander the opportunity that they've been given to serve a community based sanction instead of being in custody by willfully and substantially violating the terms of their probationary sentence, and this will include failing a U/A.
In order to increase your odds at success you might consider taking a look at my Legal Guide on surviving probation / CC in Florida as it contains a great deal of information on the subject and may prove to be helpful to you. For your convenience a link follows:
Michael A. Haber, Esq.'s Legal Guide on Probation in Florida: What it is and how to survive it?
https://www.attorneyqna.com/legal-guides/ugc/probation-in-florida--what-it-is-and-how-to-survive-it
Wishing your b/f good judgment, luck and hoping that I have been helpful in answering your question.