What would happen to a person that was charged with theft over 1000 dollars, they served a year in jail and were let out on 3 years of probation.. they recently failed a drug test which means they violated probation, and is currently serving time in jail awaiting their court date... what will happen to them? I have heard several people say different things...some say they will do the remaining 3 years, and some say they might do only a couple months in jail and get let out on probation again. Any ideas? Thank you so much!!
Both are correct. First the state will have to prove the violation, I.e., prove the drug use. This usually happens when the PO asked the Def after the dirty screen to sign a form admittino the drug use. Assuming that the state can prove the violation, then the court is wide open to do anything it wants, from doing nothing at all to making the defendant serve the whole sentence. Some sentence with further probation is possible. Drug classes and further screen is also possible. Hiring an attorney is a good idea because they can fashion an alternative to jail.
Claiborne H. Ferguson, Esq. is * Certified as a Specialist in Criminal Trial Advocacy by the National Board of Trial Advocacy. * Certified as a Specialist in Criminal Trial Advocacy by the Tennessee Commission on Continuing Legal Education and Specialization.
Criminal Defense Attorney
It depends on the judge and the circumstances. Some judges routinely give some jail time for a first violation, then all allow the person to continue probation but after then after another invoke the original sentence. A defense attorney can work with the prosecutor to try to negotiate an alternative to the three years sentence - perhaps drug rehab is appropriate. Best case is time served, then continue on probation. Worst case is imposition of the three year sentence.