I failed a drug test while on misdemeanor probation. This is my first time being on probation. Will I have to go to jail?

Asked 12 months ago - Conyers, GA

Is there any warnings that I may get or any amount of time that I could have to clean my system out to prevent me from going to jail?

Attorney answers (5)

  1. Benjamin David Goldberg

    Pro

    Contributor Level 17

    8

    Lawyers agree

    Answered . It depends on the judge, probation officer, prosecutor and the attorney representing you. If I were your lawyer, I'd have you get involved in drug treatment immediately. This may appease the judge. Hire a lawyer immediately.

  2. Charles Christopher Flinn

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . What happens with a probation violation depends on a lot of things. The length of time you have been on probation. What you are on probation for. What you have left to do on probation. Do you have judge bills or judge Massey?

  3. Kevin Aaron Chastine

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . They should have done a drug test at the outset to determine your baseline. You shouldn't be revoked for something you did before you were put on probation. If that wasn't done, and depending on how long you've been on probation, there may be a good defense there. Also, a good attorney should be able to help with negotiating some alternative to jail time, especially if you have some extenuating circumstances.

  4. Zachary Walter Procter

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . Add Mr. Goldberg said, it depends on the judge and others, but I would expect around 30 days of jail.

  5. James Lawrence Yeargan Jr.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It depends on the judge, and your probation officer. Some judges may only increase community service or other conditions while some judges will give you a jail sentence. You don't get any warnings about when you are going to get a random drug or alcohol screen.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,449 answers this week

2,982 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,449 answers this week

2,982 attorneys answering