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What happens when you fail a drug test while on probation for a felony in the state of Texas?

Azle, TX |

My boyfriend recently failed his drug test and we're unsure on whats going to happen to him. He was charged with aggravated robbery, he was given 5 years probation and differed adjudication. He just completed his first year in January. He has to report to his probation officer a week from today. This is the first failed drug test he's had and he's been working really hard on his community service and has almost finished paying off his fee's. I just would like to know what to expect.

Attorney Answers 2


  1. Expect him to go to probation on next Tuesday and to be taken into custody. If he failed a test a warrant is probably working its way through the system for his arrest.

    DO NOT fail to show for probation because he doesn't want to be arrested. Show up, turn himself in and have his lawyer ask for him to go back on probation with some drug treatment or therapy. He may have to spend a few weeks or more in jail as this process takes his course, but if it is his first violation, there is a good change he can get reinstated on probation with treatment. Again, failing to show will only make it that much worse. DON'T DO IT! Get a lawyer.

    John S. Riordan, Esq.
    West Palm Beach, FL

    The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.


  2. As Mr. Riordan said, do not have him miss his appointment with his PO. However, in Texas, if a person tests dirty they will usually have him give another test. If that one also field tests positive, then they will revoke probation. You do need to hire an attorney now because he can usually intervene with probation and get a modification without the necessity of being violated. This is especially likely if he has paid his fees already. Probation expects there to be set backs and they typically will not violate especially if the probationer is really trying. Good Luck.

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