Monday, November 24, 2014

Can I invoke the 5th Amendment when my Probation Officer demands a urine specimen? / Probation / Urinalysis / 5th Amendment / AVVO / Michael A. Haber **ARRESTED / **305DUI

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 Adam Haber


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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: 

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: 

I hope that this has been helpful and wish you the best of luck!
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  "Don't do it!  Get a DD (Designated Driver), not a DUI".

Be smart{er than Joseph Maine}: Don't drink and drive, but, if you do, just say "NO{thing}", don't blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Michael A. Haber, P.A.: Providing creative, effective and zealous criminal defense litigation services primarily in SoFlo since 1991.

At Michael A. Haber, P.A. "Its all about reasonable doubt"! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.
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