I failed my 2nd drug test on a deferred ajud. felony, but tested positive for THC both times. What can or Will Happen.

Asked almost 2 years ago - Spring, TX

I failed the first drug test I took on probation for THC, I was at the time a heavy user, but this 2nd one surprised me. She said I could test positive being around it and I know I was due to friends I hangout with. This is my 2nd one after 2 years of not failing any drug test. My probation is for a controlled substance of 4 grams. I have no other violations and have completed all my probation requirements and I'm even 4 months ahead on payments. I work everyday and can't afford to lose this job nor be stuck with a felony.

Attorney answers (3)

  1. Cynthia Russell Henley

    Contributor Level 20


    Lawyers agree

    Answered . It really depends on which of the 22 felony courts you are in. If indeed you have done so perfectly on your probation except for these failures, then you might be lucky - you are likely to be required to attend a class, at a minimum. You might find yourself put into an in-patient rehab. And, of course, you now that you could be revoked and put in prison.

    Time to make the right choices. It is highly unlikely that your friends were smoking enough in a room with no air flow to affect you so greatly as to make you fail the test, and the judge is not going to believe that either.

    Cynthia Henley

  2. Richard Timothy Jones

    Contributor Level 17


    Lawyers agree

    Answered . Quit hanging out with your friends. Talk to your probation officer. Offer to do another test. Keep your P.O. happy and they may deal with it inside the probation department. It sounds like you're working hard, don't let your friends drag you to jail.

    Austin Probation Lawyer

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more
  3. Macy Michelle Jaggers


    Contributor Level 20


    Lawyer agrees

    Answered . Did your PO say she was going to violate you? Typically if your THC levels are going down, they will not file a violation.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more

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