Asked 3/22/2016 – Denton, TX

I was caught with marijuana in January in Denton, Tx and my lawyer and I are trying to get me in the pre-trial diversion program. I last smoked 3 weeks ago and don’t plan on smoking anywhere it is illegal ever again. My interview for the program was 4 days ago. The last time I smoked three weeks ago was in a place where it was legal, which was short-sighted and stupid regardless, I know.

Answer

Why are you asking the question? Upon entry of the diversion program, you will be tested or you won’t. You will test positive or you won’t, and they will be lenient or they won’t. You have no control over any of these decisions. The only control you have is over the choices YOU make, like smoking marijuana while out on bond for a possession of marijuana case, then asking a Judge to put you in a program where you won’t have a conviction because this was a one-time mistake and yo will never do anything illegal again. The talk you need to have with your attorney deals with your ability to adhere to the program. You may not be able to stay clean or out of trouble for a year. A shorter deferred adjudication period, if available, may be more appropriate.