Legal Question in Criminal Law in Texas

technical probation violation - failed UA

I'm 7 months into a 1 year probation for DWI 1st offense. My most recent UA came back positive for a ''substance for which you need a prescription.'' My PO sent me a letter telling me to produce the prescription or a ''technical violation'' will be filed with the court. Unless a miracle happens, I will not be able to produce a prescription.

I understand that this provides grounds to revoke my probation, but what is most likely to happen? I have fulfilled all my obligations to this point, kept my job, etc., and there are no incidents outside of this one. Am I really looking at jail time here?

Thank you


Asked on 7/15/09, 3:46 pm

1 Answer from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

Re: technical probation violation - failed UA

It really depends on the court you are in, the substance, and the probation officer. I would bet that the consequences would range from getting warned by judge to extending your probation to throwing you in jail for a weekend to teach you a lesson, or a combination. I would be surprised if they flat revoked your probation and sent you to jail for a year, but it is possible to get a jail sentence.

You should think about hiring yourself an attorney.

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Answered on 7/15/09, 4:12 pm


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