Can a probation officer order someone to submit to a drug test if the judge does not order the said person to submit to one.

DETAILS

The probation officer told said person that they had to take a random drug test, and pay the 30.00 dollar fees. The person did not pay the fee on the next visit and explained to the officer that the judge did not order them to submit to one. The probation officer became angry and told said person they could not leave without submitting an urine sample and that they would have to pay for it on their next visit, also the officer did not ask what medication that the person may have been on since this does effect the test outcome.

ANSWER

It would be best to refer to the terms and conditions of your probation. This is a document — a contract– between you and the government that governs all of your responsibilities as a probationer. You probably signed this document on your first visit to probation and the probation office most likely gave you a copy of it.

I would check over this document very carefully. If there is a dispute between you and the probation officer, this document will be used to show that you signed off on certain terms and conditions. Sometimes, probation officers can request random urine analysis tests. This is often the case in drug offense cases and DUI cases. However, it is not always the case. That is why it is important to review this document.

If you don’t have the document, ask your probation office to make a copy of it for you.

Note that refusal of a UA may be grounds for the probation office/DA’s office to file a complaint against you to revoke your probation. So, that is why it is important to get the matter cleared up right away.

I have had a case where the probation officer tried to make my client take random UA’s and I was able to show that the Court specifically said no UA’s were necessary.

Your best option (although more expensive option) would be to speak to a criminal defense attorney licensed in MS regarding this issue.