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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116298
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I just tested positive for THC for the second time. But I

Customer Question

Hi I just tested positive for THC for the second time. But I haven't been smoking. Of course the first time I was tested as soon as I got on probation I was indeed dirty. But this time I haven't been smoking at all and I still tested positive. I don't know what's going to happen now
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Well I was on probation 5 yrs ago and didn't have a problem at all
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if you have tested dirty this time and it is a second offense, you are likely to face a probation revocation and will be looking at some minimal jail time and fine for violating your probation. You claim you have not been using, then you would bear the burden of proving how the THC came to be in your system. You can pay to get your own new test to try to prove that their test results were incorrect and if you can do so then the court will throw out the new claim for failing the test against you and it would not count. If you cannot prove the test is invalid, usually for a second offense on a probation violation the court will give 5-30 days in jail and order some type of substance abuse program though (it varies by judge, but that is what is typical).
Customer: replied 11 months ago.
Hi I just tested positive for THC for the second time. But I haven't been smoking. Of course the first time I was tested as soon as I got on probation I was indeed dirty. But this time I haven't been smoking at all and I still tested positive. I don't know what's going to happen now
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
I already read that and replied to you about what will happen and what you can try to do to get out of this matter. Please read what I wrote.