Q: Does the 5th amendment apply regarding a urine test for probation? Could i invoke it ? I am on misdemeanor probation and urine testing was not ordered as part of terms of probation.
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Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/does-the-5th-amendment-apply-regarding-a-urine-tes-1567404.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
Criminal Defense Attorney – Miami, FL
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Colleen M. Glenn
Criminal Defense Attorney – Bradenton, FL
Nick Jay Dorsten
Criminal Defense Attorney – Clearwater, FL
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Alberto Marino Quirantes Jr.
Criminal Defense Attorney – Miami, FL
Christopher Daniel Leroi
Criminal Defense Attorney – Greenwood Village, CO
Michael Lawrence Doyle
Criminal Defense Attorney – Philadelphia, PA
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Colleen M. Glenn
Criminal Defense Attorney – Bradenton, FL
Criminal Defense Attorney – Bradenton, FL
Nick Jay Dorsten
Criminal Defense Attorney – Clearwater, FL
Criminal Defense Attorney – Clearwater, FL
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Criminal Defense Attorney – Deltona, FL
Alberto Marino Quirantes Jr.
Criminal Defense Attorney – Miami, FL
Criminal Defense Attorney – Miami, FL
Christopher Daniel Leroi
Criminal Defense Attorney – Greenwood Village, CO
Criminal Defense Attorney – Greenwood Village, CO
Michael Lawrence Doyle
Criminal Defense Attorney – Philadelphia, PA
Criminal Defense Attorney – Philadelphia, PA
Lawyers agree
Best Answer
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Answered . First, urine tests do not have to be ordered by the court as they area standard condition of all probation in Florida (see FS 948.03(1) -Please see: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0948/Sections/0948.03.html).
Second, the 5th Amendment applies to words, not to urine.
Third, if you are on probation then you’d better take it seriously and not screw around or you will face the alternative….. incarceration.
Being on probation is an alternative to incarceration. It is a gift of sorts, albeit it is given by an Indian giver who can take it back at any time (the alternative being jail). It behooves you to remember that at all times while serving your probationary period. It may help to think of your time on probation as walking on a tightrope. Stray just a little to either side, lose your concentration or balance even for a moment and you fall. However, instead of landing on the ground you land in jail or prison.
Finally, from the tone of your question I strongly suggest that you read my Avvo Legal Guide on surviving probation in FL. If anyone ever needed to read the Legal Guide it is you my friend. For your convenience a link follows:
Please see:
http://www.avvo.com/legal-guides/ugc/probation-in-florida–what-it-is-and-how-to-survive-itI hope that this has been helpful and wish you the best of luck!
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