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I am ashamed to ask but If i failed a drug test while on probation, will my p.o let me know immediately?

San Antonio, TX |

I am on probation for assault bodily injury. i have never been on probation before this is my first time.

Attorney Answers 3


  1. It depends upon your P.O., and the requirements of the Court. Some probation officers will tell you immediately and give you an opportunity to come clean with your violation. Some P.O.'s will sandbag you with a warrant.

    If you are concerned about violating the conditions of your probation, and what affect it could have on your freedom and criminal record, you should consult a criminal defense lawyer in the county in which your probation originated. They will be more likely to be able to tell you what YOUR judge or YOUR probation department is going to do.

    Katherine Shipman's response to your question is for general information purposes only. Nothing in this response should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


  2. I agree with Ms. Shipman. Maybe and maybe not. Depends on the p.o.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


  3. In my experience working with probationers in Bexar County, there are some probation violations that tend to immediately trigger a Motion to Revoke Probation (MTR). There are others, that sometimes are allowed to add up before seeing an MTR. For instance, getting a new arrest will usually result in an MTR withiin a week for the arrest, but being late on your payments, hours, or even missing a report date might not. Now if the State files an MTR, everything done wrong or not done will show up there, even if each infraction was not enough to trigger an MTR by itself. Knowing which "straw" will "break the camel's back" is hard, because it depends on a lot of nonscientific things.
    If you know you tested positive, be assured that your PO already knows about it. Your PO is also probably waiting to see how you will react to it and what steps you will take without being forced or threatened. The question is whether you will try to pretend nobody can see it and not talk to your PO about it, or take the initiative and get help, which will look good to your PO and to the court, in the event that it comes up later. Your PO can often hook you up with a good treatment program. If an MTR happens at some time in the future, your voluntary participation in some kind of program is something your attorney can use to brag on you and make you look better because you took that initiative to get clean, stay clean, and get your life back.

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