Are drug patches accurate anywhere and how do i go about fighting a revocation hearing based on them ??

Attorney answers (2)

1. Licensed in TX

   

   Matthew Byrne

   Austin Criminal Defense Attorney

   Contributor Level 7

   Answered March 18, 2011 11:11. By "they" you mean probation? If so it's still up to the prosecutor to decide whether to file or not, based on probation's recommendation/request for revocation.
   
   Either way, you need to hire a lawyer, unfortunately. The court typically won't appoint an attorney on a revocation. A lawyer can speak with the prosecutor, present your side of the story and note the hair follicle test (which typically is more accurate and goes back further than a patch, depending on the substance). If the motion hasn't been filed, he or she can potentially keep it from reaching that point.
   
   Good luck.
   
   Matt
   (512) 703-0703
   www.MatthewByrneLaw.com

   • Revocation Motions

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2. Licensed in TX

   

   Cynthia Henley

   Houston Criminal Defense Attorney

   Contributor Level 20

   Answered March 19, 2011 21:29. A hair follicule test is generally considered to be more reliable.
   
   It may be that you have violations other than the drug use allegation. The State can go forward on all of the allegations, especially if there are additional ones.
   
   You need to hire a lawyer who has experience with the drug testing (or time to get knowledgeable about it.) Remember that the burden of proof is only by a preponderance of the evidence - not a very high standard.

   • probation violation

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