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

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


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

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She said because it was my 2nd one she has to turn my paperwork into the court, but that she didn't really know what may happen. All she could tell me is that she had people in far worse position's than me that were going out at the same time. Throughout the past 2 years though I've had anywhere from 12-15 UA's and passed all of them, until the most recent one. She told me it was possible for them to call me into court, but that she would keep me updated if something happened before seeing her on Feb. 13th.

Macy Michelle Jaggers

Macy Michelle Jaggers


The next time you're about to report, call the Sheriff's Department to see if they have a warrant for you. If they do, hire a defense attorney immediately. He can arrange for you to do a walk-through on the pv warrant rather than being taken in in the field. Or he may be able to work something out quickly that avoids you going into custody at all.


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 relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website,

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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

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