Legal Question in Criminal Law in Texas

Probation is forcing me to take AA because I take medication for Narcolepsy

Hello, About 3 years ago I was arrested for traffic warrants, and later charged with possession of meth (under a gram) when they found the remains of something in the zipper pocket of my purse. At the time I was allowing my cousin to live with me, and she was a regular user- she regularly borrowed my clothes/bags/shoes, so it was probably something she had forgotten about.

Long story short, I was put on probation last year, and about 2 months ago I took the Drug & Alcohol evaluation in Travis county. I was surprised to find that they decided I needed to complete an Intensive Outpatient Program as well as 3 Alcoholics Anonymous meetings per week due to the nature of the conviction and MAINLY due to the fact that I currently take a stimulant medication (as prescribed by my doctor) for Narcolepsy.

I have never been a habitual drug abuser. In fact, since being put on my medication I rarely even drink. I am focused on my job (for once in my life) and building a family with my fiancee. I'm afraid they are going to try and legally force me to undergo the 12 step program and stop taking my medicine. Can they do that?


Asked on 2/19/09, 12:35 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Probation is forcing me to take AA because I take medication for Narcolepsy

The answer is maybe. You may need a lawyer. While on probation you are often subject to the mood and whim of the probation officer, merely because if they choose to violate you, judges have a tendency to give their testimony more weight than yours. You should never go off your meds as prescribed by a physician for narcolepsy. If that is the issue, then you need a lawyer and maybe a hearing, where your doctor will testify. The nature of the charge however, gives the APO a great deal of leeway regarding AA and treatment programs. Without knowing more about your case, it is impossible to predict. You should have a complete copy of your file, and at the least, hire an attorney for a consultation to review it, and advise you. Good luck.

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Answered on 2/20/09, 11:34 pm


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