There is no guarantee that you will not be drug tested in court, but, typically people charged with misdemeanor offenses are not drug tested at court. If a judge wants you drug tested randomly, they will typically make it a condition of your…
Can a judge order a drug test on the spot?
Yes, but the Court can only order urine drug testing. Although often times parties to a divorce case will agree to hair follicle testing, the Court is not supposed to order hair follicle testing.
Will I be drug tested at my arraignment?
If you are not on bond or not currently on probation, you are not facing any drug testing. However, at your arraignment, don’t be the least surprised if you are required to test.
Do you get drug tested at your sentencing?
If you are given any jail or prison time, you will be tested upon admission. If you are given probation, your PO will run a test. Whether the court will run a test will depend on the judge. Few judges will do this, but those few, will.
Will I lose custody if I fail a drug test?
It is important to remember that a positive result on a drug or alcohol test does not automatically mean a parent will lose custody of a child or there will necessarily be an adverse outcome in the custody case for the parent who tested positive.
How long does a court ordered drug test take?
Your drug test results are confidential and can be forward to the party of your request. Standard laboratory drug tests provide negative results back in 1 – 2 business days, sometimes specimens have to go on for further testing and results will take 2 – 3 business days longer.
What do you do at an arraignment?
At an arraignment in court, the judicial officer will explain what the charges are, inform you of your rights, and ask you if you want to plead guilty, not guilty, or no contest (also called “nolo contendere”).
Can CPS take your child if you refuse a drug test?
If you test positive, the CPS caseworker will ask you to voluntarily sign a safety plan that places your children with another friend or relative. If you refuse, they will likely, but not always, file a suit and state the basis to remove the child is neglectful supervision.
Does past drug use affect child custody?
If one parent has a significant criminal history or there are signs of substance abuse, those issues can definitely play into a custody determination. A history of alcohol or drug abuse can significantly affect your custody agreement and influence the Court’s decision when granting access to your child.
What to do if you suspect your ex is doing drugs?
If you know or suspect your ex has been doing drugs, ask the court for drug testing. A failed drug test is a condemning piece of evidence. If available in your state, you can also request a custody evaluation so an impartial mental health professional can take a closer look at the case.