USAC Banner 728x90

Collapse

Can a judge order a drug test when the case does not involve drugs?

Collapse
X
  •  
  • Time
  • Show
Clear All
new posts
  • JAU
    Junior Member
    • Apr 2018
    • 1
    • United States

    Can a judge order a drug test when the case does not involve drugs?

    Can a judge order a drug test to someone who is not in court for pending drug-related anything. But has pending charges because he is being accused of rape.
  • AFFA
    Top Level Member
    ☆☆☆☆☆☆☆☆☆☆☆☆
    • Dec 2009
    • 23890

    #2
    Re: Can a judge order a drug test when the case does not involve drugs?

    I wish to inform you that drug test may be ordered if it is related to lawsuit. In case of rape and in absence of person being present such a drug test may be objected on the ground that it may not be related to charges against the person in present case.

    AFF

    Comment

    • Highwayman
      Top Level Member
      ☆☆☆☆☆☆☆☆
      • Sep 2014
      • 1835

      #3
      Re: Can a judge order a drug test when the case does not involve drugs?

      Originally posted by AFFA
      I wish to inform you that drug test may be ordered if it is related to lawsuit. In case of rape and in absence of person being present such a drug test may be objected on the ground that it may not be related to charges against the person in present case.

      AFF
      Clueless... this is not a civil suit it's a criminal case. Without knowing the state a definitive answer cannot be given but in general there is nothing wrong with ordering this type of test.

      Comment

      • Unregistered

        #4
        Re: Can a judge order a drug test when the case does not involve drugs?

        It is not illegal to make such an order but the defendant can certainly object and argue it is not relevant to the case. The judge would then have to rule on the matter.

        If the judge makes no changes to the order the order could be a possible issue on any appeal that might occur.

        Comment

        • Highwayman
          Top Level Member
          ☆☆☆☆☆☆☆☆
          • Sep 2014
          • 1835

          #5
          Re: Can a judge order a drug test when the case does not involve drugs?

          The defendant should be discussing this with his attorney. If said defendant does not have an attorney then he is a fool.

          Comment

          • Lexus
            Top Level Member
            ☆☆☆☆☆☆☆☆☆☆☆
            • Sep 2010
            • 9886
            • United States

            #6
            Re: Can a judge order a drug test when the case does not involve drugs?

            If the Judge suspects usage of drug he can order a drug test. The accused can defend it with valid evidence.

            Comment

            • LucyBlue

              #7
              Re: Can a judge order a drug test when the case does not involve drugs?

              Originally posted by Highwayman
              The defendant should be discussing this with his attorney. If said defendant does not have an attorney then he is a fool.
              Sometimes even if people have an attorney or are thinking of getting one, they still like to get ideas and input from others. There is no harm in gathering information.

              Comment

              Previously entered content was automatically saved. Restore or Discard.
              Auto-Saved
              Smile :) Embarrassment :o Big Grin :D Wink ;) Stick Out Tongue :p Mad :mad: Confused :confused: Frown :( Roll Eyes (Sarcastic) :rolleyes: Cool :cool: EEK! :eek:

              Do birds chirp or mooo?... (write the answer twice with an "@" between the words)

              widgetinstance 213 (Related Topics) skipped due to lack of content & hide_module_if_empty option.
              Working...