Well, after my discussion with the AOC, their advice was to file a motion...(sigh)
Luckily for me, I already requested in my underlying application random urines and for the results to be provided to counsel. I will renew my request, this time on the record, at the next court date and see what happens. I will also request that if the Court is not inclined to release the results, whether it may consider issuing the results under a protective order or in camera.
Thanks for all your help.
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Rachel Cotrino Esq.
Jackson NJ
(732)987-9966
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Original Message:
Sent: 03-07-2014 16:38
From: Carol Weil
Subject: Drug Test Results by Probation
What's on the drug testing report depends on the entity/facility doing it. Usually the report lists the drugs for which the person was tested and also states how much of the drug in the urine constitutes a positive reading. If marijuana, for example, a tiny amount (exact amount depends on the testing facility) would not necessarily make the result "positive." The test result document is pretty self explanatory in my opinion. Also, if you want the person tested for alcohol use, you have to specifically ask for that to be part of the test. Alcohol is usually not part of a standard drug test. Certain other drugs must be specifically requested as well.
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Carol Weil Esq.
Laurel Springs NJ
(856)352-0050
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Original Message:
Sent: 03-07-2014 16:31
From: Rachel Cotrino
Subject: Drug Test Results by Probation
In your experience, do the test results show the levels of the intoxicant in their blood or merely state the drugs the individual tested positive to?
I have a call into the staff attorney for the AOC. I will keep everyone posted.
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Rachel Cotrino Esq.
Jackson NJ
(732)987-9966
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Original Message:
Sent: 03-07-2014 16:19
From: Carol Weil
Subject: Drug Test Results by Probation
Hi - this is interesting to me because I do a lot of parental defense in DCPP (DYFS) cases, and all counsel always get all drug testing results of all defendant parents. There is no expectation of privacy where drug test results of parties is relevant to the issues in the case.
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Carol A. Weil Esq.
1405 Chews Landing Rd., Ste. 8
Laurel Springs NJ 08021
(856)352-0050
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Original Message:
Sent: 03-07-2014 16:01
From: Rachel Cotrino
Subject: Drug Test Results by Probation
The judge is refusing to provide me with the test results. Apparently (according to the Judge), since I do not represent the party who was tested I am not entitled to the results. I guess I will try the AOC.
Thanks,
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Rachel Cotrino Esq.
Jackson NJ
(732)987-9966
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Original Message:
Sent: 03-07-2014 15:50
From: Hanan Isaacs
Subject: Drug Test Results by Probation
If things get dicey, contact the Family Division folks at the AOC for advice and direction.
I think you've got an absolute right to that report.
Nothing was sent to the Judge in camera, and he can't turn it into an in camera report without your right to argue why it should not be. Moreover, both counsel have a right to know.
Hanan
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Hanan Isaacs Esq.
Kingston NJ
(609)683-7400
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Original Message:
Sent: 03-07-2014 12:32
From: Rachel Cotrino
Subject: Drug Test Results by Probation
Well, I called the Judge's chambers the day I posted this question (prior to posting actually), and it was that phone call which prompted my post. At the time, Chambers seemed unsure and told me they would get back to me. I am still waiting for their answer. I contacted the Family Division and they told me to contact Chambers. Now I'm sending a letter to Chambers. Hopefully, that'll work.
Thanks,
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Rachel Cotrino Esq.
Jackson NJ
(732)987-9966
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Original Message:
Sent: 03-07-2014 11:16
From: Curtis Romanowski
Subject: Drug Test Results by Probation
Absolutely.
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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585
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Original Message:
Sent: 03-06-2014 17:32
From: Hanan Isaacs
Subject: Drug Test Results by Probation
I am guessing this case involves custody/parenting time issues, yes?
You have the right to see ANYTHING that goes to the Judge and that bears on an issue in your client's case.
You should pick up a phone and call chambers and the Probation staff and see what you can get.
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Hanan Isaacs Esq.
Kingston NJ
(609)683-7400
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Original Message:
Sent: 03-06-2014 16:23
From: Rachel Cotrino
Subject: Drug Test Results by Probation
Hello,
I was in Court the other day and the opposing party was drug tested on the spot by Probation. He tested positive for two drugs. The Court did not provide a copy of the results to me or the opposing party but merely read the results into the record (i.e. positive for x and y). Does anyone know if the Court (or Probation) is allowed to (or has the obligation) to release the actual test results to me (and the other party for that matter)? This is not a DYFS case.
Thanks,
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Rachel Cotrino Esq.
Jackson NJ
(732)987-9966
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