I am a new county attorney, and I have been reading the forum for several months, but this is my first post.

I have a juvenile in my county on probation. He got one of his buddies at school to provide urine for his test requested by the juvenile's PO. The kid who provided the sample is 18.

The sheriff asked me what we could charge the kid who provided the sample with.

Any ideas?

I think I have it, HSC 481.133, falsification of a drug test.

I still welcome any comments.

[This message was edited by Emily Roy on 01-30-07 at .]

Welcome to the family, Emily!

You found your own answer before I could respond. I don't know of many cases pursued under that statute, so let us know how it turns out.

-Shannon
TDCAA

I had this come up once. A female JPO sent a kid into the men's room in the courthouse, to provide a urine sample. He had been using marijuana, so asked another guy in the men's room to "help him out."

The other guy agreed, and the kid came out of the men's room and turned over the urine sample. The JPO took the kid back to her office, where the instant read drug tests showed positive for marijuana -- and cocaine.

Confronted about his marijuana and cocaine use, the kid confessed. A second urine sample, taken in front of a male Deputy Sheriff, was positive only for marijuana.

We never discovered who "helped out" our juvenile, so we couldn't charge him. The kid finally wound up in TYC.