What are my options for probation violation?

Asked over 4 years ago - Houston, TX

I was placed on 5yrs deferred adjudication probation in 2006 for poss of a controlled substance. I violated in June 2007 and was sentenced to 30day jail therapy and had been clean until 2009 after having my daughter and finding out that I was HIV positive. I had been smoking marijuana and my file was sent back to court. Harris County Court 337 Judge Ritchie, I had been taking antibiotics and was asked if I where taking any other prescription drugs without a prescription. I told them no and they said that I had violated just by taking the antibiotics and I got scared and left. My mom says that she wants to check me into an inpatient rehab will that help my case? I am so scared that I will be arrested and my kids taken away. What should I do? I am so lost. PLEASE HELP!!!

Attorney answers (3)

  1. Mekisha Jane Walker

    Contributor Level 15

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    Answered . I agree with the above posts. Knowing Judge Ritchie, if you run and don't face this now - it will be 20x worse! I know that probation officers can be scary and the whole thing is hard to deal with, but you have to deal with it. You have no other choice. Call a bonding company and see if there is a warrant for your arrest. If this just happened, you may want to get your urine tested somewhere to prove what is in it. They will argue that you ran because you had meth, black tar herion, bla, bla bla in you system. So, if you can prove what was in your system - that day or the next day. You will also need to hire a good attorney. Good Luck.

  2. Louis Murat Newman IV

    Contributor Level 7

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    Answered . I would say that the odds of a Motion to Adjudicate being filed on you are pretty high at the moment, but that doesn't mean you should freak out just yet. There are alternatives available when a person is filed on to be adjudicated.

    The most important thing you need to do is make sure that you don't run away from your probation. A lot of people will get scared when their probation officer tells them they might get revoked and then they stop reporting. Trust me when I tell you that not reporting is a much bigger violation than taking antibiotics that weren't prescribed to you. Don't abscond and stay in touch with your probation officer to see if he or she is going to file a Motion to Revoke.

    If your probation officer tells you they are planning to file a motion to revoke, call a lawyer and make arrangements to turn yourself in and try to explain yourself to the judge.

    All is not lost, so don't panic.

  3. Cynthia Russell Henley

    Contributor Level 20

    Answered . You just left? From a meeting with the probation officer in court? Your probation officer? You need to contact your probation officer and arrange your next reporting date. If you abscond (run) from probation, then you can be almost certain of revocation.

    Your mother's suggestion is a good one. In addition, if you can get something from your doctor to substantiate your pain, them that would help. Finally, it is not a violation of your probation to take drugs that are prescribed to you. However, you must provide a copy of the prescription to your probation officer.

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