I have just started a 3 year probation. It began in July, I have paid all of the fees and fines to date. I have completed 32 of my 120 hours of community service. I was called in last week for a drug test by my probation officer. I went in for the test and it was positive. I was really confused because I do not drink, smoke or do drugs. I do however, see a doctor for weight loss who prescribes me phentermine, which is what caused me to fail. I am very worried about this as my po says she has to send the results to the judge. I was not even aware that "weight loss" medicine was a controlled substance and that I was not supposed to have it. My po had me bring back the medicine to show her, which i did, she made me dump it all out. What could possibly happen to me?
This is also my first offense, I have never been in trouble in before. I got three years deferred adjudication. I plead "guilty" to a state jail felony offense for "false statement of property or credit". My po told me to call her back the day after at 10am which I did, so that she could let me know what happened. She said she would send a note to the judge about the prescriptions, but i am not sure of what to do now, since she never returned my phone calls.
Family Law Attorney
You need to retain an attorney. A motion to revoke is governed by probation. The UA results will go to the court and the PO attched to that court will make the decision whether to file a motion to revoke. An attorney may be able to discuss the matter with the court PO and show him the prescription from your doctor (which it sounds like you have). Normally controlled substances with a prescription for a legitimate medical condition are allowed under probation terms. You also need an attorney to present this defense to the judge should probation decide to file a motion to revoke. If your probation is granted, the judge can decide to impose a sentence ranging from putting you back on probation all the way to imposing the original sentence from when you plead.
Criminal Defense Attorney
I agree with the above response. If you have a prescription there should be no reason you cannot continue on your probation. That said, hire an attorney. The probation department will decide whether to file a motion to revoke but the probation department can seek input from the court- it sounds like that is what is happening here. I wouldn't trust probation to tell the court you have a prescription though. HIre an attorney to be safe and protect yourself.
Criminal Defense Attorney
Hire an attorney to have them work on the issue for you.
This is intended as only general legal advice. Feel to visit my website, www.austincriminaldefenseattorney.com for my blog on crime and punishment in Texas You may also email me through my site.
Provided you hire competent counsel to walk you through this, you should be able to get the MAJ (Motion to Adjudicate) dismissed, and placed back on probation (if the State files a Motion to Adjudicate you in the first place).
The courts around here aren't the most reasonable of places to be charged with a criminal offense, but from the sounds of it (and provided there aren't facts I don't have here) you have a very legitimate reason for failing the UA. In some cases, one dirty UA won't even provoke the filing of a MAJ, but it's not something you want to be caught unawares on. If the State files the Motion, a warrant will be issued for your arrest. Be proactive as much as possible. If your PO isn't responding to you, hire an attorney to go on the offensive, and get the explanatory information before the Court, so that you can avoid as much hassle as possible.
Best of luck.