Legal Question in Criminal Law in Texas
Deferred adjudcation / probation / failed drug test
My husband is on Deferred adjudcation probation for an assult charge. His probation would be up Febuary 2009. In Decemeber he had a random UA come back as a dilute, so he has taken another one and we are waiting on results. There is a possiblity the 2nd test could have marijuana. What are the likley consequence of this? will has probation be extended or will he have to serve his jail time?
1 Answer from Attorneys
Re: Deferred adjudcation / probation / failed drug test
It is difficult to predict. You don't mention if the assault is a misdemeanor or felony. The probation officer's rec carries a great deal of weight in these matters. His prior conduct on probation will be taken into account. He should wait to hire a lawyer. The attorney can negotiate with the APO and the ADA to make this less painful.
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