Random Drug Screening Montgomery Pa?

Question by Frank H: Random drug screening montgomery pa?
Last tuesday I plead guilty to a dui for cocaine in montgomery county. The incident took place last october. I attended an in patient rehab and havent done cocaine since. However, I have smoked marijuana. Thursday I received a letter from Montgomery County Adult Probation to inform me of a “change in judicial policy” and that the board of judges has directed the department to randomly drug test individuals currently on probation. I received a card with a number to call with a number to refer to. My number was instructed to report to the Montgomery County Adult Probation Center to submit a urine test. I do not live in Montgomery County and was told by the Public Defenders Office and The Probation clerk that I would not have to travel there for drug tests or meeting with a probation officer. What I would like to know is if this is common, was I given the legal amount of time required to take a drug test, will this violation require me to go to jail?

Best answer:

Answer by calgal1077
Tough situation you’re in

What I don’t like is the “Change in Judicial Policy”. Makes me want to scream “Ex Post Facto!!!” They are changing your sentence after you got it. And I think it’s arguable that drug testing is a disadvantage to you. But they might disagree with that. I googled “Ex Post Facto” and it backed up my thinking:
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Ex Post Facto law
Web definitions

An ex post facto law, also called a retroactive law, is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law. …
http://en.wikipedia.org/wiki/Ex_post_facto_law

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Go look yourself and see what you think. I think it’s certainly a question I’d pose to my Public Defender right away. Don’t waste any time. Tell him/her about a “Change on Policy” that alters your sentence. I’m 99% sure they’ll be interested in hearing about it.

When you plead guilty, you agreed to certain conditions of probation. Drug testing was not one of them. Plus you have them telling you that you don’t have to travel. (It would be so great if you have that in writing or in a voicemail or something.) And lastly, you might have the argument that they should have given you more notice.

It’s a good question. I’ll follow this so i can hopefully find out what happens. I beg you to please give updates and let me know. Or you can always email me.

You sound like you really have a good head on your shoulders–very sensible. I wish the very best luck to you!!

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