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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

  1. 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 offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.

  2. 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,

  3. 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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