First time on probation for a year for assult and battery, after the 3rd month I failed my drug test with THC Will I go to jail?

Asked over 1 year ago - Hazel Park, MI

I'm 17 years old and I was in jail for 2 weeks for assult and battery at the Oakland county jail

Attorney answers (5)

  1. Timothy J. Klisz

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Most likely. Oakland county and its cities are very tough places on violators. Get a good local attorney on board.

  2. Joshua Duane Jones

    Contributor Level 14

    3

    Lawyers agree

    Answered . You have a high probability in getting jail; however, it is not always certain in these types of cases. I have seen, depending on the judge and the court, individuals such as your self not obtain jail on their first violation. This is not a guarantee in any way. You should contact an attorney to help you with this. He or she would be able to put you in a good position to be successful and limit the impact. Best of luck.

  3. Michael J. Breczinski

    Pro

    Contributor Level 8

    3

    Lawyers agree

    Answered . In this matter I would have you go into a drug treatment program right away. If you are addressing the matter before you going front of the judge then it is your best bet at avoiding jail.


    Michael Breczinski

    Attorney

    5005 Lapeer Road

    Burton, MI 48509

  4. Scott Christopher Kozak

    Contributor Level 4

    3

    Lawyers agree

    Answered . Noting your location and presuming that you are reporting in that locale or a surrounding one, any violation of probation, particularly involving drug use puts you at risk for jail time. Certainly, treatment programs and private counseling can help, but you should be prepared. Be sure to note the date of your last use and to have the testing agency check the levels of THC in your system so you can show the Court that the levels are falling. Of course, it is always a good decision to retain counsel to address your specific issues.

  5. Jared Clayton Austin

    Contributor Level 18

    Answered . That all depends on a lot of factors such as who the judge, what your probation officer will recommend, and how likely the judge is to follow that recommendation. While it is not the norm, from my expeience anyway, that a first violation such as this is unlikely to land you in jail, it's not unheard of either. Consult with an attorney in your area that handles such matters for a more specific answer.

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