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CrimLaw, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 47
Experience:  Member of Harris County Criminal Lawyers Association and Texas Criminal Defense Lawyers Association
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Im on probation for possestion. While on probation, I was

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Im on probation for possestion. While on probation, I was arrested again for the same thing. Both times it was for $10 worth of narcotics. My probation officer said it was up to him on how severe my sentance would be at my second court hearing. He said it could be anywhere from more probation, to 2 years in state prison. I have given him 2 dirty urine test. On top of all that he thinks I am lieing to him whenever I go into his office. I haven't told him any lies, but There is no convincing him of that. I have since joined a drug rehabalition outpatiant program. I have also started doing voulenteer work. I have also started working full time. I am on my p.o.s very bad side, and he has me scared to death that I will be going straight to prison at my next court hearing. I can not join an inpaitent program, because once you have joined a methadone clinic they will not send you to an inpatiant program. so please do not include that in any solution.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  CrimLaw replied 7 years ago.
The punishment is not neccesarily up to your probation officer. Your probation officer can give a reccomendation to the judge and the judge may heavily rely on what the probation officer tells him, but the decision is up to the judge.

If the courts are trying to violate you on your probation, they will file a motion alleging the violations that they feel you have made. I have never seen an allegation of "lying to probation officer." They allege things that they can prove, like the dirty drug tests, or failing to report, failing to pay fees, picking up a new law violation, things like that.

In my experience, judges do not prefer to simply throw people in jail for the maximum time if they simply have a drug problem. They may throw someone into jail over the weekend or place them in an inhouse drug treatment program or something like that and try to address the drug problem. Throwing someone in jail or prison for a maximum period of time is normally a last resort.

Whoever your lawyer is, they should be able to talk to the judge on your next court setting and feel out what the judge would like to do.
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