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The consequences of failing, or dropping “hot,” or “dirty” urinalysis, commonly known as UA, in a felony drug possession, or DUI cases are serious. If random UA is a condition of probation in a felony criminal case, then dropping a hot or dirty UA could lead to revocation of your probation. This means, you may be compelled to serve the remainder of your jail sentence.

On the other hand, if random UA is a condition of your pretrial bond, it could lead to your bond been revoked, and you could be send back to jail or prison. In addition, your bail amount could be increase to a higher amount. The new bail amount could be out of your reach. In addition, you may not be able to secure any bond or bail company to undertake your bail. If you are unable to post the new higher bond, or no bail company will write your bail, it could mean you will have to stay in jail until your case is resolved either by trial or plea.

The danger of dirt UA is apparent to an individual on probation, because she or he is aware random UA is part and parcel of his/her probation. However, the danger of dirty UA is not so apparent to person on felony pretrial appearance bond, because random UA is usually not included in the pretrial appearance bail conditions. However, in criminal charges, such as, drug possession, or DUI, random UA may be an implicit condition during pretrial bond release.

The government prosecutors often use this little known implicit pretrial bond release condition to gain tactical advantage during pretrial proceedings. Particularly, in a situation where a defendant in a drug possession or DUI criminal prosecution case refuses to accept the prosecutors’ guilty plea offers. At the conclusion of any of the pretrial hearings, such as, a scheduling conference, the prosecutor could request the judge to order the defendant in a drug or DUI case to submit to a random UA immediately after the hearing. Most judges routinely oblige to the prosecutors’ demand for UA in drug possession cases, over defendant’s objections, because of the “nature” of the case!

Most drug possession or DUI criminal defendants, are not aware that UA drug testing facilities are often located within the courthouse. So, the defendant is compelled to go directly to the testing room and take a UA test. The result is transmitted to the judge almost instantaneously. If the defendant dropped hot or dirty, the judge could order the defendant detained and haul into jail at the waiting hands of abundant law enforcement officers in the court room. The judge could raise the bond amount before the defendant can regain his/her liberty.

The lesson here is that a criminal defendant in a drug possession should always be prepared that she or he could be ordered to take a drug test at any time while in court for his/her case. The smart thing to do is to remain illegal drug free at least while your case is pending.

 If you have questions, call (913) 233-2133, or visit us at www.ogunmenolawfirm.com.

 


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