To: TKDietz
Really? What makes you think that? I've never heard of fugitives being drug tested upon being placed back in custody. Uh, they do that with escapee's, parolees etc so they can pile on more charges if they turn positive. Hello? Not only that, the defense attorneys usually demand it an attempt to use it as a defense. "Oh, my client was on drugs, he didn't know what he was doing" bla bla, etc etc. Of course they test them when they go back into custody.
Of course the may not where you live. LOL..
106 posted on
10/05/2005 12:21:09 PM PDT by
Black Tooth
(The more people I meet, the more I like my dog.)
To: Black Tooth
That's a bunch of bull. On the one hand you say that they do this to escapees so they can pile on more charges, and then you say that defense attorneys demand it so they can use it as a defense. That's silly. Why would defense attorneys demand something that is going to get their clients in more trouble? And what charge would the state put on an escapee if he tested positive? They won't make a possession charge stick unless he is in possession of drugs and they couldn't make some piddly misdemeanor public intoxication charge stick unless there is evidence of intoxication. A positive drug test does not prove intoxication without some evidence of impairment because drugs show up in people's system long after they wear off. And even if they could make a charge like that stick it wouldn't be worth it, especially for a guy going away as long as this guy is. And as for attorneys wanting to use intoxication as a defense, being high is no defense unless someone spiked your drink or something without you knowing about it, and even if that is believed it's still not a great defense. In most cases though the fact that a defendant was on illegal drugs is a real liability for him both in the guilt phase and sentencing phase of a trial.
I am a criminal defense attorney. I don't know how things work everywhere but nothing I have ever seen would lead me to believe this escapee would be drug tested right after he turned himself in. I wouldn't believe that unless I saw proof that it was done or at least proof that that would be standard practice in the jurisdiction where this man escaped and turned himself in. Without that, my educated guess is that it is highly unlikely that this man was drug tested right after he was placed back into custody.
By the way, we're talking apples and oranges when we compare parolees to escapees. Parolees can be drug tested at any time basically, and often are, but that is irrelevant in this debate. This guy was certainly no parolee.
107 posted on
10/05/2005 1:18:50 PM PDT by
TKDietz
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