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I got my discharge papers from my p.o. the other day. does that mean im off probation? can i still get a drug test

Stockbridge, GA |

im on probation for first offender misdemeanor marijuana charges

Attorney Answers 3


  1. Yes, if you are referring to your First Offender discharge papers. But, make sure you ask this exact question to your probation officer. I have seen it where the defendant thought he was off probation and did not report again, and the PO thought he should still be reporting and issued a warrant. We got him released by showing the PO was wrong, but he sat in jail for a few days until I was hired. You don't need that hassle. Start with you PO. And, BTW, congratulations for doing a good job on probation!


  2. Your concern about a drug test tends to indicate you have plans to continue smoking pot. You might want to consider not doing that, as that’s what got you into the legal trouble in the first place.

    If you successfully completed your sentence, your probation officer should have recommended to the court that the case be discharged under the First Offender Act. At that point, the court should have issued an Order of Discharge, and submitted that to the clerk’s office so that the charge would be removed from the GCIC’s (Georgia Crime Information Center) database. If that is what has happened, then you should be off probation and no longer subject to drug testing. As Mr. Giannini said, you should confirm this with your probation officer.

    Paul J. Sieg
    404-270-9289

    Potter Sieg, LLC Phone: 404-270-9289 Fax: 404-935-9308 psieg@pottersieg.com Paul J. Sieg is a criminal defense and entertainment law attorney licensed to practice law in the State of Georgia. All information provided is based on Georgia law and federal law, where applicable, and is not necessarily directly applicable to any other jurisdictions, states, or districts. This response is not legal advice and does not create an attorney/client relationship. Rather, this response is in the form of legal education, and is intended to provide general information. Any specific concerns should be directed to an attorney who is licensed to practice law in your respective jurisdiction.


  3. I hate to sound like a broken record, but I don't think we can emphasize enough that you need to confirm with your PO that you are off probation. Straight from the horse's mouth is the best way to be sure. If it were me, I'd even write a letter confirming the conversation and send it certified so I had proof that the PO received it. But then, I'm a little paranoid. I hope that you are done, I congratulate you on successful completion of your 1st offender probation and I encourage you to stay away from marijuana. Agree with the state's outlawing it or not really doesn't matter, the cost of getting caught again is not worth it.

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