One of the conditions of parole in Texas is to not use drugs, which includes marijuana.  If you test positive for marijuana be considered a parole violation.  The parole board has some discretion in how they handle a violation.  It will depend on many factors such as how many positive tests you have had and how you have been doing on parole.  A review will be done and they will decide what further action should take place ranging from changing your conditions, giving you a warning, or moving to revoke your parole. 

    If they move to revoke your parole a blue warrant will be issued.  However, this does not mean that your parole will be revoked.  You have certain rights if they are trying to revoke your parole.  You have the right to a hearing, the right to cross examine witnesses and confront any evidence they may have against you.  You have the right to an attorney although unlike in criminal court attorneys are only appointed for individuals with mental health problems.  If you believe you may fail a drug test or have already failed one you should hire a parole lawyer, avoid making any admissions, and request a hearing.  Please call us at 713-651-1444 or fill out an online contact form for a free consultation with an experienced Texas parole lawyer. 


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Seth Topek
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Criminal Defense Attorney: Defending the Rights of the Accused and the Incarcerated