How can I get out of/dispute a jail sanction the judge already signed off on?
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How can I get out of/dispute a jail sanction the judge already signed off on?
Im on probation and tested positive for meth on a drug
test but I have been clean for 2 years after completing
jail time and rehab My PO said there is no way this was
a false positive as it was sent to the lab but there has
to be an explanation. I already signed the orders and so
has the judge so my PO said there is nothing they nor I
can change now. I am suppose to go in Friday to start my
sanction. Is there anything I can do to buy more time
while I try to come up with some sort of proof that
these results are false?
Thank you in advance for your help
Asked on December 19, 2017 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Most probation offices use urine tests or inferior kits, which are prone to false results. To challenge them, I would suggest that you go and take a hair follicle test with a lab that has experience in the jurisdiction where your criminal case is being handled. This could help prove that you have not used recently or in the last 90 days.
To put a halt on your sanctions, you need to file a motion for reconsideration if the order has already been signed. If you can afford an attorney, it would be best to hire one to advocate for you since judges do not generally like delaying their sanction orders.
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