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.
Can a judge order a drug test when the case does not involve drugs?
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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.
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Re: Can a judge order a drug test when the case does not involve drugs?
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.- Quote
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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.- Quote
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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.- Quote
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Re: Can a judge order a drug test when the case does not involve drugs?
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.- Quote
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