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Retaliation by Probation Office


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#1 Pit.Viper2011

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Posted 09 August 2013 - 06:31 AM

My fiance lost his job due to his probation officer's conduct. So, he filed a grievance, since he is required to maintain a job while in the Daily Reporting program. The same day he handed in the grievance against the officer, that very same officer administered his drug test and he failed. What is he supposed to do? He's not on drugs, so the only way he could have failed it is if the officer tainted his test. He was never told what he failed for, nor was he allowed to retest in case of a false positive. Now he fears further retaliation from the Probation Office. 

 

Any suggestions would be helpful. 

 

Thanks. 



#2 LegalwriterOne

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Posted 09 August 2013 - 07:46 AM

You have no idea how many times somebody's told me that the PO put something in their urine test.  Labs are not that stupid.  What shows up is metabolite.  If a urine came back with no metabolite, the lab would know something was wrong.  Can't fake that.  OTOH, if he's taking any prescription meds or some over the counter stuff, he can get a false positive.  He needs to consult a local attorney. 



#3 Guest_FindLaw_Amir_*

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Posted 09 August 2013 - 09:06 AM

I agree with the previous poster, this is an issue he may want to consult with a local Criminal Defense Lawyer to advise him of his rights.



#4 TheGeneral_KD

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Posted 10 August 2013 - 11:10 AM

Yeah, the notion that the PO intentionally tainted his sample (which would cause him or her to get fired and probably criminally prosecuted) is pretty ridiculous. I mean, do you think the PO sprinkled some crack in his urine sample, as if he had literally urinated out cocaine or something? See how silly that sounds when you think it through?

 

If it's a false positive, that will be determined when they send the sample off to a lab for confirmation. He should definitely consult an attorney, but I think you should prepare yourself for the possibility that your fiance might not be telling you everything. It's the PO's fault he lost his job...it's the PO's fault he failed his drug screen...is it also the PO's fault that he's on probation in the first place?






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