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Probation violation, failed drug test.

Conroe, TX |

Received 8 years probation for :
OFFENCE: Burglary of a Habitation
Degree: F2
this happened because of my drug use, was in jail for 8 months, when got out with 8 years of probation , on my monthly visit to my probation officer, I failed the drug test, a Alias Capias-Order of Arrest has been issued, what is going to happen? Is there anything I can do not to go to jail and serve the 8 years, I dont' have money for a Attorney. I am scared and don't know what to do. I have to turn myself in in two days.

Attorney Answers 4


  1. You should try to find a drug abuse program that will take you, and then you can propose that to the prosecutor / court in lieu of prison. (It would be best if you had an attorney to work with before you turned yourself in, that way you may be able to get permission to do an in-house treatment program before turning yourself in, which might result in the continuation of your probation.) If you cannot hire a lawyer, then one will be appointed to you once you are in custody. It is possible that you may get treatment in lieu of prison if you advise them of your problem (and you have not already received a drug treatment program.) Be aware that the programs that the courts generally use require that you be in-house for about 9 months to a year.

    Whatever you do, turn yourself in as ordered. Absconding, or failing to appear at a probation meeting, is the worst thing you can do to violate your probation.


  2. You are turning yourself into jail? If you are in custody, the court will appoint you an attorney. You best chance not to go to prison is to seek drug treatment so that you can stay on probation and hopefully you can find an out patient location so you dont have to get that treatment in jail. Good Luck.


  3. Depending on the Felony Court you are in you may be able to qualify for Drug Court, some judges such as Judge Mays and Judge Hamilton amongst others, are willing to give a defendant help if they really want it. The Office of Indigent Defense will appoint you an attorney if you qualify and he/she can help you through this proceeding. Good Luck.


  4. If you can not afford an attorney, then you will be appointed one. If you are out on bond, some courts will not appoint an attorney. You may want to see if there is a drug court or some type that you could be modified into.

    If this is the first Motion to Revolk your porbation then they may give you the opportunity to seek treatment instead of sending you to prison.

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