“I live in Buffalo, New York and I plead guilty to a misdemeanor a few months ago. I read the probation agreement and it doesn’t say anything about being drug tested but my probation monitor in Erie County wants to drug test me. I guess my question is can I be drug tested even if it is not listed as a condition of my probation on the contract?”


In New York State, along with other states, a probation is a contract in order for a person, who has been sentenced to jail, to avoid having to serve such jail sentence. As with any other contract, the terms must be explicit. This simply means a person must understand what is expected of her so she does not violate the agreement.

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Generally, in New York, a provision in a probation agreement is to agree not to violate any laws. This is pretty much standard and I would assume it would be in your probation agreement. If such a provision is present, even though the contract does not state you cannot use illegal drugs, then consumption of illegal drugs would be a violation.

Moreover, and more relevant to your question, the judge or probation monitor likely has the authority to test you for a potential violation. This is particularly applicable where there is reason to believe you may have violated your probation.

If you have a similar question, contact a defense attorney in Buffalo, ny today.

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