i am currently on probation and failed a ua but i have a prescription for the pills. only thing is i was not suppse to leave the county that i am on probation in. so i had a family emergancy and had to leave while i was there i was in a accident, so when i show my po my paper work from the hospital it will come up from the other state. so i will be revoked. so i am needing to know will i go to jail the day i get revoked or will it take a few days? and with what i did will i get sent to prison?
Criminal Defense Attorney
The procedure is that once the probation officer is aware of the violation, s/he sends your file to the court for the judge and the court's liasion officer to review. The judge makes the decision on whether a motion to revoke should be filed, and makes an order to file or not. If the motion to revoke is filed, a warrant will issue for your arrest and you will be able to make a bond if it was a deferred, or you will sit in jail if it was straight probaiton. You are entitled to a hearing on the motion within 20 days of a demand. Or, most times, the case is worked out with the prosecutor (unless the judge does not allow this. It is the judge's decision.)
If after staffing the case with the judge, the judge does not want to revoke, the judge may send the file back with instructions to amend your conditions to extend the probation and / or add other conditions.
If you have proof of the family emergency and the prescription, you better to them into the hands of a lawyer who is going to represent you (or at least a family member if you do not have the funds to hire a lawyer and are going to get a court appointed lawyer.)
Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.
Criminal Defense Attorney
Ms. Henley is correct. Get the proof of your situation (the prescription and anything that supports the necessity for the travel, I assume to Mexico or Canada) and be ready to show that your violations were not due to living improperly. The court can modify your current terms, forgive this activity, or revoke you- it all depends on what you're on probation for and the type of probation as well as the mood of the court.
Hire an attorney that can negotiate on your behalf.
Although my intent in answering this question is to aid you in the legal process, my answer does not establish an attorney-client relationship in any way. You should seek the advice and counsel of a qualified attorney in your community to evaluate your legal needs and to advise you. No Attorney-Client Relationship is created without the specific intent of both parties.