How do I get past failing ua's for probation?

Asked over 3 years ago - Houston, TX

I have failed 3 drug tests for meth, and am on deferred probation for meth. I went for the drug/alcohol evaluation and they sent word to the court that I should go to in patient treatment. I have been in an abusive relationship of which my boyfriend was keeping me 'dirty', and I can't prove that he has been slipping meth into my drink. I have to go to court Tuesday to answer for this. I can't afford to go to jail or to 6 wks or more of in-patient treatment.. I will lose my home and my job. What can I do to get another chance and keep my freedom?

Attorney answers (3)

  1. Toni Lynn Thompson Sharretts

    Contributor Level 10

    Answered . If I was the Judge there is no way I would believe your BF was responsible for you testing positive for meth THREE times when you are on probation for meth. Unless you have witnesses and some other proof your probation is being revoked AND you are being sent to drug treatment.

    If you legitimately did not intentionally do meth (and that is going to be so hard to prove because meth IS addictive and I don't even believe you and I don't know you), you better have witnesses, the exact time you can show your BF put meth in your drink, why you are still with BF if he is slipping meth to you, how it will be different in the future, and BEG for mercy of that court.

    Start calling your mortgage company and boss now and setting up a plan so you don't lose either because its highly likely you are going to New Choices in-house treatment at 1200 Baker for a full 6 months. This happen to a client of mine. He is, fortunately, clean now as the program helped him.

  2. Charles B. Frye

    Contributor Level 9

    Answered . Sometimes, your attorney may be able to help you fashion an alternative to jail which may be acceptable to the Judge. Make no mistake, the Court takes the conditions of your probation seriously and evidence of drug use on probation even more so.
    You should consult with an attorney regarding what types of actions you may be able to take to convince the Judge that you're serious about your probation and stopping your drug use. This may include voluntarily entering an out-patient program, changing your living arrangements, entering an intensive counseling program, and the like. Keep in mind, the Judge has expected you to already live up to the current conditions of probation -- you have to now convince her that you will live up to these more stringent conditions.
    As noted in the other attorney's answer, trying to convince the Judge that you were somehow "tricked" into taking meth by your boyfriend is going to be next to impossible. If you try to go that route, if you don't have some sort of medical or third party evidence or witnesses, you will likely end up incarcerated.
    Hire a lawyer, now, if you don't have one, and concentrate on coming up with a plan to convince the Judge you deserve this additional chance.

  3. Cynthia Russell Henley

    Contributor Level 20

    Answered . I think you need to be prepared to go to in-house treatment - bottom line. No one will believe that your BF was slipping you meth AND YOU DIDN'T KNOW or do anything about it. I understand the abusive relationship part but there is a limit on how much a criminal judge will tolerate or believe. (The judge will likely believe that putting you in-patient will help you get away from the abusive relationship, which is true.)

    Although I have answered the question to try to help you, you should consult with a lawyer in your area in person... more

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