Oklahoma City, OK asked in Criminal Law for Texas

Q: What could happen if I failed my ua for probation nd its third time failing What can happen for when I go to court

I failed my drug test on Dec 26 I’m on Probation all I have is 40 hour Community service left and I’ll be off but since I failed how much time can I be lookin at I’m on probation for poss cs

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1 Lawyer Answer

Kiele Linroth Pace

Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Community supervision could be revoked, or it could be extended, or conditions might be added, or the defendant might just get a warning and continued on probation.

If it was regular "straight" probation the offender could be locked up to serve their sentence.

If it was Deferred Adjudication probation then there isn't yet any formal sentence so the defendant could be sentenced to anything within the punishment range for the offense. For example, if a person was on Deferred Adjudication for a 3rd degree felony, he or she could be sentenced to 2 to 10 years in the state penitentiary and a fine up to $10,000. The sentence could also be probated... meaning you are sentenced but then put on "straight" probation. Since it is a drug case with failed tests the defendant might end up in "SAFE P" (SAFP) rehabilitation but you really need to talk to your criminal defense attorney because there are too many possibilities to cover in this forum.

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