Prosecutors said Tom Sizemore violated his probation after traces of amphetamines were found in his urine, but a judge on Friday opted not to send the actor back to jail.

Sizemore's probation, stemming from a conviction for methamphetamine possession, had been revoked in July after he admitted to using a prosthetic device to fake a drug test and failing to be checked for drugs every three days.

In October, Superior Court Judge Paula Mabrey reinstated the 44-year-old actor's probation for making "remarkable" progress in his battle with drugs, but warned that he could face 16 months in prison if he relapsed.

On Friday, prosecutors asked that Sizemore's probation again be revoked because of the positive drug test. His lawyers countered that test results were tainted because of medication being prescribed by Sizemore's doctor.

Superior Court Judge T.K. Herman set a Jan. 13 hearing to determine if Sizemore's probation should be revoked again and asked his lawyers to provide more information about the prescription drug and whether an alternative can be used.

Sizemore, who appeared in "Saving Private Ryan" and "Black Hawk Down," was convicted in 2003 of domestic violence involving his ex-girlfriend, former Hollywood madam Heidi Fleiss. He is free on bail pending appeal.