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Challenging A Positive Drug Test In A VOP Hearing

Challenging A Positive Drug Test In A VOP Hearing

Part 1 – The Certification of an Analyst. Do you face an upcoming violation of probation hearing or a drug court sanction hearing for testing positive? The common tactic is to demand the presence of the analyst and persons in the chain of custody and hope someone doesn’t show up.  For a number of reasons, […]

Bath Salt Users–Analogous Drug Act Alert

Drug Test Alert.  Contact RaquinMercer if you are charged with knowingly possessing, distributing, or PWID, of an “analogue” CDS alleged to be “substantially similar” in chemical structure and effect to a scheduled CDS.  The Supreme Court in McFadden v. United States answered the question whether a person charged with possessing an analogue CDS must “know” of its illegal character.  […]

Drug Court Decision in Brookman – Carnes v. State

The COSA Holds Drug Court Sanction Involving Jail Is Appealable; Due Process Rights of Participants Violated When Drug Failed To Conduct Formal Adversarial Hearing.  Reported in the Court of Special Appeals (April 27, 2017):  Brookman v. State (No. 182) & Carnes v. State (No. 183) (Nazarian, Arthur, Thieme, JJ.).  Opinion by Nazarian, J.  Argued by […]

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