hi. im on cobb county probation and i failed a drug test. my fines are current and everything is is ok, but i did fail a drug test. iv been asked to come in for a visit to p.o. am i going to jail or what?
Criminal Defense Attorney
Depends on who your PO is and whether the PO is willing to give you a second chance. If not, it will be up to the judge who sentenced you whether you should be revoked and what punishment. The issues that will influence the judge include the type of drug you tested positive for, whether your probation is for a felony or a misdemeanor, how much time you have left on probation, whether you have been compliant on probation and, most importantly, do you have a plan (evaluation, counseling etc...) to present to the judge to convince him or her that you are taking steps to address your drug problem. And don't kid yourself, there isn't a judge in Cobb County who won't say that anyone who can't stay clean when he's on probation has a problem. You may want to hire an attorney ahead of time to discuss the situation with the PO to find out what he or she is recommending and, if necessary, to get a presentation for the judge ready if it looks like the PO is going to recommend that you be revoked.