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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33102
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I'm on pre trial diversion of controlled substance in county

Customer Question

I'm on pre trial diversion for possession of controlled substance in Harris county tx in wondering if the probation officer will call me in randomly on days we aren't scheduled to meet for random drug testing how likely is this
JA: Probation issues can be stressful, but getting correct information is key to getting control of a situation. Fortunately, the attorneys have a lot of experience with this, and I'd love to connect you with the best fit.
Customer: Thank you
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Customer: I haven't asked my lawyer as I feel like he didn't represent my case properly
JA: Anything else you think the lawyer should know?
Customer: I had gotten caught with wax THC concentrates... the toxicology report said it was 98 percent thc with 2 percent methdoxylin and it was NOT methamphetamine yet the court still gave me a meth case could this have been changed to a THC case to reduce my punishment?
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Submitted: 10 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Reasonably likely. I can't think of anyone who has never faced a "surprise" visit or drug test and who is on probation in Harris County for a drug offense.

I'm not familiar with the chemical composition of methdoxylin and how it related to methamphetamines but if you are caught with any amount of meth then you would be charged with the entire weight of whatever the meth was in. As an example, if you saw the police coming and dumped a one ounce bag of meth into a water pail containing one gallon of water then you could be charged, convicted, and punished based upon the weight of a gallon of meth.

It does sounds like that you could have had an expert testify as to the correct weights and likely got a different conviction but, again, you have to remember that you get charged with the entire weight of the substance containing the meth (if methdoxylin = mthamphetamines).

However, getting a pretrial diversion for a drug case in Harris County is a very good solution so you probably don't want to complain or appeal.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.