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I have a drug test coming

   I've been clean but I  smoked recently and I have a drug test coming. What's the worst that can happen?

First time felony offender, stays current with fines and hours

Robert's Answer

  • on Aug 26, 2014

Conditions of felony probation in Texas almost always include a prohibition against the use of illegal drugs. If your hair follicle test shows positive for an illegal drug, then the Prosecutor can file a Motion to Revoke your probation, or a Motion to Adjudicate guilt if you are on a deferred adjudication probation.
There are a variety of outcomes and variables in determining the outcome. A court can look at how long you have been on probation, whether the underlying case was a drug case and anything else pertinent to your violation.
I have seen cases where the defendant was simply admonished not to do it again, cases where the defendant was given "jail therapy", cases where the probation period was extended, and many cases where probation was revoked and the defendant was sent to jail/prison.
You do have the right to a hearing. In the interim, get a lawyer and........stop smoking dope while you're on probation.

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