Fort Worth, TX asked in Civil Litigation, Criminal Law, Domestic Violence and Mergers & Acquisitions for Texas

Q: Court ordered drug test at probation office

What are they for ....

How can results be shared

3 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Refraining from the use of intoxicating substances is typically a condition of probation.

Roy Lee Warren agrees with this answer

Roy Lee Warren
Roy Lee Warren
Answered
  • Criminal Law Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: Sometimes a court will require an U.A. as a condition of bail. A problem with some U.A.s can arise when the test is disposed of immediately and there is no quantitative analysis to prove the level of a positive test. Oh and yes, the probation officer (PO) has almost complete discretion over requesting tests (ordered by the Judge--not the PO).

Tracy McNeill Pullan
PREMIUM
Tracy McNeill Pullan
Answered
  • Criminal Law Lawyer
  • Conroe, TX
  • Licensed in Texas

A: They are used to make sure you are following the conditions of release or conditions of probation. There are two possibilities here:

First, if you have a pending charge the court can place any reasonable conditions on you while you are out on bond. The court can order drug tests and if you test positive the court can revoke your bond and put you back in jail.

Second, if you are on probation, your conditions of probation usually include no drugs or alcohol. The court can ask you to be tested at any time, and if you have a dirty UA the results go to probation and then are reported to the court. Then the court has the discretion to file a motion to revoke or motion to adjudicate and have you arrested.

Generally these results are shared within the legal system, ie: probation, the court, the prosecutor, and/or your defense attorney.

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