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The Law Office of H. Alex Fuller PLLC
Best D 2023
Rated By Super Lawyers | H. Alex Fuller | Selected In 2023 Thomson Reuters

Call His McKinney Office To Request A
Free, Confidential Consultation

Out of jail on bond: Can soft drug use send me back before trial?

Whew! You are finally out of jail on pretrial release, commonly known as “bond.” You might be thinking you could use a drink or a joint after dealing with all of your recent legal stresses, but not so fast. Even though a criminal offense charge can be extremely stressful and you might want to blow off some steam, even soft drugs have the potential to send you back to jail. 

Knowing this information might be helpful if you have not used drugs yet, but what if you already have? There is no clear-cut answer for these kinds of situations, but there are questions you can ask to better understand what you are facing. 

Did your charge include drug or alcohol use? 

What was your original charge? Were you, for example, accused of committing assault while under the influence of drugs or alcohol? If drugs played a role in the crime you are awaiting trial for, there is a high likelihood your pretrial conditions prohibit drug and/or alcohol consumption. In Texas specifically, the law grants the court the right to limit conditions of bond based on reasonable belief. 

What drugs did you use? 

There is no guarantee it will make a difference whether you use cocaine or marijuana, but there is some possibility it will. With increasing acceptance of softer drugs across the country, sometimes there is more gray area concerning legal problems. That said, Texas is not a state known for progressive drug laws, so it is never wise to assume. 

What did the court say? 

Ultimately, whatever the judge originally ordered is what sets the bar for what you can and cannot do while awaiting trial. If the your bond conditions explicitly prohibit you from using drugs, using even a small amount of a soft drug like marijuana can lead to trouble. 

If you are awaiting trial and considering drug use, it is a good idea to hold off drug-related recreation until you are completely clear of your legal situation. If you have already used drugs while waiting for trial, you still have options, but now is the time to find out what they are. 

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