Asked 7/22/2016 – Galveston, TX

He’s been on probation for over a year and passed the first drug test but failed the second one (12 months later) PO said it was very little but still came out dirty. PO also recommended he go to therapy classes. We don’t know what’s going to happen. Will the judge get this because his probation originally is in another county and got transferred to where we live? So his PO from home said that it depends on the other PO from the other county. He’s only seen her once. He was charged with a misdemeanor (enticing a child with intent) his probation is of 5 years. What can we do to fight this? Will he go to jail even though the original case was not a drug related charge?

Answer

1) This isn’t a misdemeanor. 2) CAN your husband go to jail for a dirty UA, even though his case was not for drugs: YES. A violation of the terms of probation is still a violation. A person on probation for theft, who then shoots somebody still violates his probation. 3) WILL your husband go to jail for this violation? Unknown. Have him ask his PO if the file has been returned to court for a motion to revoke probation. If so, a warrant for arrest will soon issue. If not, straighten up, fly right and go and sin no more (put extra money in the collection plate on Sunday as well)