What Happens When You Miss A Drug Test While on Bond in Texas?

If you’re out on bond while awaiting a trial in Texas, the court may order you to abstain from drugs or alcohol or impose random drug testing. If you fail to abide by the terms of a bond agreement, you may have to go to jail instead of planning your trial at home.

Many defendants, who are new to the court system in Texas, may not understand the repercussions of breaking a bond’s conditions. Some people have simplified the process of taking out a bond to locating a bondsperson and paying them 10% of the bond before they wait for their case to be heard.

Very few defendants realize that a judge can easily issue an arrest order and place them back in jail if they violate a condition of their bond. If you’re currently out on bond facing criminal charges, then you need to further understand your rights.

Pretrial Bond Conditions in Texas

When pretrial bond conditions exist, you have to report to the same system as those who are found guilty of a crime. That system is the Community Justice Assistance Division (CAJD) in Texas. This means you have to report to a probation office weekly or monthly and submit to drug testing – just as you would if you were on probation. 

You can choose to get a drug test at the court, or you can arrange a random drug test anytime. Even if you haven’t been convicted of a crime, you are still obligated to follow these bond conditions and rules.

Therefore, you might have to visit the court five or more times before your case is disposed of or regularly travel to the probation office to talk with a probation officer. In addition, you’ll need to provide compliance info, such as employment details, and submit a specimen, when required, for a drug analysis.

These conditions prevail even when a crime is eventually dismissed, or a person is not found guilty. Therefore, when a bond is set, it’s important to read the bond’s conditions and ancillary conditions carefully. These terms outline what a defendant can and cannot do during the resolution of their criminal case. 

Examples of Pretrial Bond Conditions

Some of the conditions may include the following:

• Remaining on the job
• Ensuring you remain drug-free
• Staying in Texas
• Reporting regularly to a probation officer
• Notifying probation if your address changes

If you’re charged with a felony, you may not be able to consume alcohol or possess a firearm. In addition, you cannot provide a diluted drug test sample. 

A diluted specimen of a drug test is a urine sample with a higher-than-normal content of water. Some people, who want to beat positive testing for drugs, may try to submit to this type of test. Therefore, they may consume an excessive amount of liquid before taking the test.

Why It’s Important to Discuss Bond Conditions with an Attorney

You cannot assume anything regarding the conditions of a bond. Therefore, it’s important to direct any questions to a professional DWI defense attorney. This also holds true if you find the conditions of the bond to be problematic. 

Remember, once you sign and agree to the pretrial bond conditions, you can’t fight a subsequent order of arrest – even if a condition seems unfair. So, you need to raise any concerns about the conditions of a bond with your lawyer so they can see if an objection can be made. You should always do this before you sign off on the document.

Again, once you sign and agree to the conditions, they will be enforced. Because jail times can last for weeks or months for bond violations, you need to know what you’re signing. 

Although you’re entitled to have the right to a hearing for an alleged violation, a court will still issue an order of arrest per the probation office’s recommendation. Therefore, you’ll still have to sit in jail before your objection can be heard.

Because of Article 17.40, courts can issue an order of arrest for a bond violation if a judge believes a victim’s personal safety or the overall safety of a community may be compromised. 

Therefore, what happens while you’re awaiting trial has a great impact on the success of your case overall and whether or not you may be placed back in jail. 

That is why you need to confer with a criminal defense attorney in Texas – someone who understands how the state’s court system works. Talk to a lawyer who can advise you on your rights while you’re waiting for your case to be heard.

Talk to a Criminal Defense Attorney in Texas Now

Contact the Mendoza Law Firm today to schedule a consultation right away if you’ve been arrested. We can help with your bond conditions and defend against your criminal charges.