If you have been charged with a controlled substance offense and are making your first court appearance, the judge may order as a condition of your release that there be no use or possession of drugs and that you submit to random drug testing. You would be required by probation to submit to random urinalysis to determine if there is a detectable amount of controlled substance in your system. If you have been consuming drugs prior to taking the initial urinalysis, do not be concerned. The order only prohibits the consumption of controlled substances subsequent to the date of the order. If your random urinalysis test is positive for marijuana, for example, a baseline number will be established for future reference. You will not be detained as a result of a positive test. If subsequent drug testing shows that the baseline number is increasing, instead of decreasing, the test result will indicate to a probation officer and to the court that you have been using drugs in violation of the conditional release order. The judge would then have the option of issuing a warrant for your arrest for violating a condition of your relase or of addressing the issue at your next court appearance.
If you are concerned about violating the no use condition, you have the option of requesting that the court set bail in an amount without any conditions attached. The bail amount will be set higher than a conditional release bail, but would not require you to submit to random drug testing and also avoids the risk of violating a condition of your release.
If you or someone you know has been charged with a controlled substance crime, contact drug defense attorney Robert J. Shane for a free initial phone consultation at (612) 339-1024 or visit his website for more information and narcotics defenses at www.criminallawyerminnesota.com.