Failed drug test while on probation. How long could he serve, could more time be added?

Asked over 1 year ago - Atlanta, GA

My fiance is currently in Cobb County jail for a probation violation due to a failed drug test. He will be off of probation on 6/30, yes he was stupid for smoking. He violated before because he was unable to pay his fines and was locked up, it was paid, and the judge made him serve 6 months in prison. This time he failed a drug test. Can the judge extend his probation, add more time, make him start all over? Will he have to stay in jail until his probations ends? Does he have a chance of getting out before 6/30? We were told that the judge can not add anymore time due to the 1st offenders act but we've been told so many different things? Any advice is greatly appreciated.

Attorney answers (5)

  1. Joshua Mark Geller

    Contributor Level 10

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    Answered . I have several questions. Is the case a felony or misdemeanor? What was he originally charged with? Is it a first offender sentence?

    He should have a probation hearing scheduled very soon. The sooner you hire counsel to represent him at that hearing, the sooner his case will be resolved.

    Without knowing more information, I cannot answer whether he'll be out by 6/30. My office is in Cobb County. Contact me at (678) 310-7333 if you'd like to discuss your case for free.

  2. Allen Rust Knox

    Contributor Level 16

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    Answered . If this is a first offender sentence, the judge could resentence your fiance and give him more time (unless his first offender status was already revoked or he has already been sentenced to the maximum). Moreover, I would expect that the judge would want to make him serve more than 6 months, since he already has served one revocation for that period of time; judges generally like to increase the punishment each time the offender violates. Your fiance needs an attorney to help him minimize his punishment. I am a former Cobb County prosecutor and would be happy to help with his case. Call me if I can be of assistance.

    Allen R. (Rusty) Knox
    125 TownPark Drive, Suite 300
    Kennesaw, GA 30144
    (678) 334-1399

  3. Stephen Ross Cohen

    Contributor Level 20

    6

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    Answered . Call Josh he is local and his questions are appropriate.

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced... more
  4. Frank Mascagni III

    Contributor Level 20

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    Answered . First, you need to retain a criminal defense attorney to represent him. If he violated the terms of his probation, due to a dirty urine, he is exposed to a motion to revoke his prior probated sentence. He is entitled to notice and a hearing in front of the sentencing judge. Get counsel.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  5. William A. Jones Jr.

    Pro

    Contributor Level 20

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    Answered . I have to agree with Attorney Cohen, give Mr. Keller without delay. Having knowledgeable local counsel to talk is critical.

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