View Full Version : Felony Probation & Failed UA Questions


scaredwife
06-15-2009, 07:21 PM
What normally happens if someone on felony probation fails a drug test? This is Dallas County, fines paid in full, fees up to date, community service was up to date, crime not drug related, been on probation for over a year and never tested before. Sentenced to 4 years probation for evading arrest in vehicle. Do they go straight to jail or what? I know he failed because he had been bringing canned goods for community service and he got a letter in the mail today saying that until further notice he will not be able to bring food for community service, to call with further instructions or questions. He's scared to call. Any advice on what to do or expect?

D'sFella
06-15-2009, 08:01 PM
Many things could happen -- revocation of probation, a jail term -- but since this the first UA, much less the first failed one, probation will probably left in tact, but very possibly for an extended period.

I failed three UAs before they revoked my probation, which was paid up and nearly completed. I was given the choice of a year in rehab and five more years of probation or six months in jail.

I made my choice -- and got out of county a week ago today...

chuyzwife
06-15-2009, 08:18 PM
Hey i saw that someone answered your message already so i have a question if u dont mind me askin. How do u post a question cuz i want to post one for everyone to answer and i cant figuer it out.?

What normally happens if someone on felony probation fails a drug test? This is Dallas County, fines paid in full, fees up to date, community service was up to date, crime not drug related, been on probation for over a year and never tested before. Sentenced to 4 years probation for evading arrest in vehicle. Do they go straight to jail or what? I know he failed because he had been bringing canned goods for community service and he got a letter in the mail today saying that until further notice he will not be able to bring food for community service, to call with further instructions or questions. He's scared to call. Any advice on what to do or expect?

scaredwife
06-15-2009, 08:25 PM
click on the button that says new thread

Mark2008
06-16-2009, 03:59 AM
There are many options when something like this happens. The PO has a duty to report the results of the test. He may or may not recommend revocation. Even if he does, the DA and judge may or may not agree.

Failing a UA is a serious violation, particularly when it is not explained by the presence of some legal medication or something else. But it does not automatically result in a revocation.

My best guess is that they will arrest him and let all of this play out in jail, while awaiting a hearing. At the hearing, he could be revoked, reinstated or anything in between.

mamajmg
06-16-2009, 07:04 AM
As Mark said - there are many ways it could play out. One thing I'd like to add though is that it can also depend on the type of probation he is on. In Harris County my son had one dirty UA and sat in county for almost five months while going to court and then being sentenced to SAFP. However, I know of others who did not get the motion to revoke on their first failed UA.

I know that you said your husbands charge isn't drug related but while you are on bond or probation they are to abstain from alcohol/drug useage. Does he have a good relationship with his probation officer? Please encourage him to call asap.
My son has now been sitting in county for seven months as he missed a probation meeting. The longer the time goes on it could complicate things further. I don't know your county but personally if he's done so well complying with his probation requirements I don't feel he will suffer severe consequences - just mho

Best of luck and let us know how things turn out!

pedinurse
06-16-2009, 03:17 PM
What normally happens if someone on felony probation fails a drug test? This is Dallas County, fines paid in full, fees up to date, community service was up to date, crime not drug related, been on probation for over a year and never tested before. Sentenced to 4 years probation for evading arrest in vehicle. Do they go straight to jail or what? I know he failed because he had been bringing canned goods for community service and he got a letter in the mail today saying that until further notice he will not be able to bring food for community service, to call with further instructions or questions. He's scared to call. Any advice on what to do or expect?
was drugs or alcohol involved is his original crime/sentence to probation? If so, he will most likely be sent to SAFP before being sent to prison.

scaredwife
06-16-2009, 04:57 PM
The probation if for evading arrest with a vehicle. Not that it's an excuse but he ran because his DL expired. Crazy, I know. The only excuse I can come up with is that he is diabetic. He said he felt incoherent. He was taken directly to the hospital b4 being booked. His blood sugar was 620 which could cause coma or death. They kept his truck forever trying to find something in it that would cause him to run. They didn't. However, he did have a drug conviction in 1991.

Mark2008
06-18-2009, 03:36 AM
Damn, 620 is quite serious. I hope he is doing better now.

So the original offense was for evading? And the motion to revoke is for a failed UA?

I've seen worse. But I've also seen people sentenced for less.

If the evading arrest is a misdemeanor, let them revoke him and get it over with. The sentence won't be very long, anyway. Now that I see you said it is a felony, that's cause for a little more thought. Lots of factors to think about, including how likely is he to never have another mess up. If he can't follow the probation rules (I couldn't it and knew it from Day One), might as well revoke now and spare yourself some pain later.

See what deal the DA offers, weigh it against the legal limits and the likelihood he would win at a hearing.

My first time around, I took my case to a hearing (Def. Adj.) before the judge. Arguments against me were weak and I made a strong case for myself on the witness stand, but my heart was in my throat when the judge told me to stand for the verdict. It could have been 20 years TDCJ time. I nearly jumped for joy when he said "7 years probation" and then nearly collapsed again when he added "must serve 180 days in the county jail as a condition of probation".

Mark2008
06-18-2009, 03:39 AM
As Mark said - there are many ways it could play out. One thing I'd like to add though is that it can also depend on the type of probation he is on. In Harris County my son had one dirty UA and sat in county for almost five months while going to court and then being sentenced to SAFP. However, I know of others who did not get the motion to revoke on their first failed UA.

I know that you said your husbands charge isn't drug related but while you are on bond or probation they are to abstain from alcohol/drug useage. Does he have a good relationship with his probation officer? Please encourage him to call asap.
My son has now been sitting in county for seven months as he missed a probation meeting. The longer the time goes on it could complicate things further. I don't know your county but personally if he's done so well complying with his probation requirements I don't feel he will suffer severe consequences - just mho

Best of luck and let us know how things turn out!



Seven months sitting in county on a motion to revoke? I'm guessing he's going in front of the judge for a hearing.

There's an obscure line in the penal code that says a hearing must be held within 40 days of arrest. Most people don't know that. I looked it up myself and even my defense lawyer wasn't aware of that. We had my hearing on the 43rd day.

If he's been sitting that long, he may want to just take the revocation if he can get a short sentence. he would get credit for all of that time, plus all the time he did last year, plus all the time he did before the original trial/plea agreement. Heck, if the sentence is short enough, he might be close to time served!

scaredwife
06-18-2009, 04:20 AM
He's not in jail. To my knowledge there is no motion to revoke. We only got a letter in the mail saying the cannot bring canned goods for community service and to call with questions or further instructions. Hopefully she will not file a motion to revoke. That's what I'm trying to find out. What normally happens?

mamajmg
06-18-2009, 06:47 AM
I understand he's not in jail. But he sincerely needs to call as soon as possible to establish communication in effort to prevent that from happening. There are types of probation and PO's that will work with the probationer. But this also requires him doing his part. The longer time goes by after the failed UA it would appear that he is avoiding the contact and increase his chances for a blue warrant or MTR.

Currently your husband has many positives going for him as he has completed favorably conditions of his probation to date. IMO he probably isn't looking at an MTR - IF - he doesn't put off speaking with his PO. It's very possible that she will recommend a drug class of some type - again imo. It is also possible that IF an MTR is issued by the PO - he could be arrested BUT when the judge reviews his compliance with all other probation conditions he could be reinstated and possibly a drug awareness class added.

The fear of the unknown is something we all understand - and it sounds like the case with your husband. But please try to get him to understand that it is not going to go away. He may be pleasantly surprised of the outcome by taking responsibility - it's the only way it will be dealt with. When is his next scheduled PO visit?


*Mark - I don't want to go off topic - but it's more complicated than that. :o

RobinsMan
06-18-2009, 09:41 AM
He's not in jail. To my knowledge there is no motion to revoke. We only got a letter in the mail saying the cannot bring canned goods for community service and to call with questions or further instructions. Hopefully she will not file a motion to revoke. That's what I'm trying to find out. What normally happens?


Fact is that very often the PO does not move to revoke parole on a single failed UA. If they do then a warrant will be issued for his arrest and after he is in custody there will be a hearing by a parole panel to decide between revocation, ISF (locked up for a short while then reinstated) or reinstatement. At this point all you can do what you are already doing which is wait and see what happens.

Mark2008
06-18-2009, 11:54 AM
He's not in jail. To my knowledge there is no motion to revoke. We only got a letter in the mail saying the cannot bring canned goods for community service and to call with questions or further instructions. Hopefully she will not file a motion to revoke. That's what I'm trying to find out. What normally happens?


Well, if no warrant has been issued and he isn't in jail, it's business as usual. All of the options were detailed above.

scaredwife
06-18-2009, 04:27 PM
He's going to call her tomorrow. She's never given him trouble, they've gotten along fine so I pray all goes well. If she only new how much he has improved since all this happened. I guess he still has a way to go. Maybe this time he'll get it.

GraysonMom
06-19-2009, 04:45 PM
Keep us posted and prayers it goes well.

scaredwife
06-19-2009, 08:10 PM
He left 4 voicemails for PO today. She didn't call back. He will try again Monday. If she doesn't call back he's thinking about going to see her Monday afternoon.

scaredwife
06-22-2009, 05:08 PM
FYI, he talked with PO, she is going to test him weekly.

mamajmg
06-26-2009, 10:46 AM
That's great news!!! Prayers that he does well from here on out!!

Thanks for updating us!

Dillon's Wife
06-27-2009, 09:30 AM
Hopefully, this has put the "fear of God" in him and he stays on the straight and narrow--good luck to y'all and blessings!

scaredwife
06-28-2009, 07:01 PM
He is supposed to report 7-13-09 and bring her all his meds. He's scheduled for quadruple bypass surgery Thursday. He'll be in the hospital 7-8 days. I pray he is able to get in to see her on the 13th. If not, I'll call her. Surely she will understand. He's had so many tests where they've drugged him lately, he'll probably have something really strong after the surgery. No way he can pass a drug test. I've been keeping all the Dr.'s notes and release info with all drugs they've been giving him. Right now I'm more worried about his life. I'll deal with probation after all this is over.

Kay
06-28-2009, 07:05 PM
Good luck and please let us know how he is doing after the surgery.