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Second time violated for failing urine test on probation, am I looking at Jail time?

Kokomo, IN |

I am currently on an extended probation sentence in Indiana. I completed a 12 month probation for my 2nd DUI charge and at the very end failed a urine test for marijuana. The probation was then extended for an additional 12 months. I am 6 months into that and I just recently was violated for "refusing" a urine test. I was caught using fake urine. Am I now looking at any jail time? If so, how much? I have no previous marijuana convictions on my record at all, except for these two probation violations.

Attorney Answers 4


  1. You are certainly looking at the possibilty of jail time. It will larfely depend on what county your probation is in. You should retain counsel

    Answers provided here are for information purposes only and not intended to replace speaking with an attorney. Your legal issues should be addressed directly with an attorney and the answer provided herein does not establish any attorney client relationship.


  2. Any time you violate probation your potential exposure will include possible jail time. You should consult a local attorney who can run you through what you can expect in your jurisdiction. Good luck.

    Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.


  3. Jail time is a distinct possibility. I highly suggest that you consult with a locally experienced defense attorney. Most will offer a free consultation, and some will charge fair prices with reasonable payment plans. Hiring one will give you the best chance of getting this behind you with the least amount of punishment. Good luck.

    Jasen Nielsen


  4. Generally in Indiana you are looking at doing your time. Whatever suspended sentence you had when you were placed on probation is likely to be executed. Given there was one failure and then an attempt to use fake urine I would not think the judge would have much sympathy for you. Retain counsel immediately to see if there is anything you can do to mitigate the situation. Certainly getting into treatment for your marijuana use would be a good start.

    Note that this answer is NOT a substitute for legal advice, nor does it create an attorney client relationship. Please consult with an attorney.

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