So I had a 2nd degree possession of a controlled substance felony four years ago. I chose deferred adjudication with inpatient treatment. About one and a half years later I violated for positive drug tests. My probation was revoked, and I had to go before the judge. He restarted my probation from day one and resentenced me to 8 years in prison, probated for 5 years, if I could complete another inpatient treatment, which I did. I have een out of inpatient for a year and have now failed a breathalyzer twice, and have had an attempt to revoke probation filed. I was arrested with a warrant and held with no bond, but my lawyer still got me out in 3 days. I now have to go to court in 2 weeks. Am I going to prison to serve my full sentence? Does anybody have any knowledge or advice about this?

Hello ez:

Texas ain't the best place to be dealing substance abuse. But, this isn't like you robbed a bank or something... They ought to just give you a couple months in the slam and reinstate your probation.

Hopefully, they won't throw you away for drinking...

excon

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Originally Posted by ez_h2o

So I had a 2nd degree possession of a controlled substance felony four years ago. I chose deferred adjudication with inpatient treatment. About one and a half years later I violated for positive drug tests. My probation was revoked, and I had to go before the judge. He restarted my probation from day one and resentenced me to 8 years in prison, probated for 5 years, if I could complete another inpatient treatment, which I did. I have een out of inpatient for a year and have now failed a breathalyzer twice, and have had an attempt to revoke probation filed. I was arrested with a warrant and held with no bond, but my lawyer still got me out in 3 days. I now have to go to court in 2 weeks. Am I going to prison to serve my full sentence? Does anybody have any knowledge or advice about this?

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You were initially convicted of a 2nd degree felony. The judge re-did your probation and gave you 8 years in prison but opted for the probation for 5 years and the inpatient treatment. Seems like the next time you're in front of this same Judge, he's going to be reading your file more carefully in that he DID sentence you to 8 years in prison. More than likely you'll do the 8 years. Forget about any more probation as you can't seem to pay attention to the rules of probation and he's not going to waste his time and your time with more probation. Pack your stuff and get ready to stay for awhile at the Hotel GrayBars.