Asked 2/12/2016 – Dallas, TX

I recently failed my 3rd u.a for probation(all for weed). It was 31 days since I had last smoked. I’m not sure why I smoked but I guess I saw the opportunity and figured I’d get away with it. Anywho…the line was like super faint but the guy asked me when I last smoked and not thinking about it I Said “31” days..I’m currently on a 2 year felony deferred probation for possession of a controlled substance.

Answer

You were placed on probation and given certain conditions you had to follow in order to stay out of prison. You have failed to meet those conditions on more than one occasion. The Judge can 1) send you to prison, 2) modify your condition of probation and send you to a drug treatment facility (along with any other conditions as the Judge sees fit), or 3) impose some type of sanction on you (like some time) and continue your probation as is. What will actually happen is discretionary with the court. Much will depends upon how well you followed the other conditions of probation, and the recommendation of your probation officer. Contact your attorney.