I’ve been clean for two weeks, but my pretrial diversion starts tomorrow and I meet my PO. I’m afraid I still might be dirty.

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by Grant St. Jullian III

July 21, 2016

Asked 7/20/2016 – Frisco, TX

I got arrested the 28th of December. My pretrial diversion starts tomorrow, and I meet my PO. I’ve smoked on an off since December, but I’ve been trying to cut back and these last two weeks I’ve been entirely clean. I’m not fat, but I’m not thin either and I’m not sure if I’ll be clean. Will I already violate my pretrial diversion in Collin County if I’m not clean on my first test?

Answer

Testing positive on a UA is a violation of the pretrial diversion agreement. If you are entering the pretrial diversion contract tomorrow, however, you will be OK (any intake of illegal substances would have occurred BEFORE the PTD began). If you executed the agreement some 30 days ago and you test positive tomorrow, you may have issues. It’s a little late to worry now; any UA results will be what they will be. Your behavior is the larger issue. You continue to use while facing jail. Do you think you have a problem? Speak with your attorney.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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