Probation Violation: Will I serve the rest of my probation in jail?

Asked about 1 year ago - Statesboro, GA

This college student was arrested 5 years ago for possession of marijuana, so it was a felony under Georgia's First Offenders Act. After serving jail time, he has been able to complete his community service hours as well as pay majority of his fine. During the last year of his probation, In feburary 2013 he was arrested in Rockdale county for possession again. The day of his arrest, his family paid the remainder of his probation fine. He spent 4 months in jail at Rockdale and was then transferred back to Bulloch County (statesboro) to await his sentencing there. Although he paid off his fine and finished his community service as well as time served in a seperate county, does this person have a chance of being released? Will he serve the rest of his probation time, or could it be worst?

Attorney answers (2)

  1. Benjamin David Goldberg

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . Unfortunately, it could be worse than what you describe. Since he is a first offender, he could be resentenced to the maximum. If it is just one count of felony possession of marijuana, he could get resentenced to 10 years minus the time he successfully served on probation. Hire a lawyer ASAP.

  2. Lee William Fitzpatrick

    Contributor Level 16

    1

    Lawyer agrees

    Answered . This student definitely needs a lawyer. A new violation can result in a minimum of two years revoked if the new offense is a misdemeanor, the balance of his probation if the new offense is a felony, and, since it is first offender, the court can not only rescind the first offender status, but resentence him to up to the maximum sentence on his original charge. The time he spent in jail in another county on the new charges generally won't count for the revocation case. None of these results are absolutes, but when facing the possibility of prison time, he's going to want (and need) an attorney to get him the best possible outcome.

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