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What Happens If I’m Caught with Drugs While On Probation?

Probation is always the preferred alternative to time incarcerated. For many low-level or first-time offenses, individuals will be granted a period of probation.

During this time, individuals must follow a set of conditions as assigned by the court. The individual must also not commit another crime while on probation. If they do, there will be consequences.

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Conditions of Probation

To begin, let’s go over some of the most common conditions for individuals on probation.

These are:

  • Passing drug tests
  • Staying away from certain locations where crime is prevalent
  • Staying away from certain people, like convicts
  • Maintaining employment
  • Attending mandatory drug counseling
  • Being present in court for mandatory appearances

Failure to comply with these terms may result in a probation violation charge. There are two types: substantive and technical probation violations.

Technical and Substantive Probation Violations

A technical probation violation occurs when the individual violates one of the terms listed above or another condition of their probation. In other words, it is a simple rule violation.

A substantive violation, though, is more serious. A substantive violation occurs when the individual commits a new offense while on probation. If you are caught in possession of illegal drugs while on probation, this would be considered a substantive violation.

Substantive Violation Consequences

If you are found guilty of a substantive violation, you will likely have your probation altered in some way. This means you could have your probationary period lengthened. For example, adding another year to your probation sentence. You could also have your probation fully revoked, and risk being sent to jail.

Austin Drug Possession Defense

If you have recently been charged with drug possession, or have committed a separate drug offense while on probation, our defense team at Smith & Vinson Law Firm wants to help. We understand making mistakes while on probation happens, and we want to help alleviate some of your stress by providing you with top-tier defense. Our criminal defense attorneys will be your advocates as we handle your probation violation and drug possession charges.

Give us a call at (512) 359-3743 to discuss the circumstances of your case and get an initial consultation scheduled.