“A cop pulled me over while I was driving in the City of Buffalo and I got a simple possession of marijuana charge. It’s my first offense and the lawyer got a deal so I could get a conditional discharge. What are the chances I get drug tested on my court date in Erie County? “


Because of the lack of information here it is not possible to give an answer with complete certainty. That being said, the answer depends on the conditions of your “conditional discharge”. Although it would be unusual, it is possible that a condition could be that you attend drug and alcohol counseling within 24 hours. If this condition is present, then the chances you are drug tested are much higher.

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Generally, however, a conditional discharge simply requires that you avoid getting arrested or convicted of any crimes, participate in community service, and possibly attend Alcoholics Anonymous.

Long story short, in the typical conditional discharge, you will not be tested. However, if you are seeking to apply for a pretrial intervention, then you will be tested when you apply. Based on the facts you have described, it does not appear that you have applied for a pretrial intervention.

The best course of action is to reach out to your criminal defense attorney to determine the conditions of the conditional discharge.

If you have a similar questions, contact a Criminal Defense Attorney in Buffalo, Ny today.

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