What is the maximum and minimum amount of time given to a probationer, who has violated probation with dirty urine?

Asked over 1 year ago - Macon, GA

This person has not failed to report at any time. This person has paid fines each visit, but this person is struggling with a cocaine addiction. And if the fine is paid off this person can be release from probation.

Attorney answers (4)

  1. Benjamin David Goldberg

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    Contributor Level 17

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    Answered . The minimum is zero days, though that is unlikely. The maximum is 2 years, unless the defendant is a first offender, in which case they could be re-sentenced to the maximum possible sentence they could have received on the charge(s) they pleaded guilty to.

  2. Bert W. Cohen

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    Answered . Mr. Goldberg is correct. These may be considered "technical" violations usually punishable by imprisonment up to two years. However cocaine present in body also means possession of cocaine which may be considered proof of a new felony and arguably warranting revocation of the balance of probation. Drug screens are not scientifically valid tests becasuse they are not considered accurate enough for court. A lawyer who does this kind of work knows how to argue to the court that the screen can't even be used. Your friend needs to hire a lawyer.

  3. Jesse Cole Kent

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    Contributor Level 14

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    Answered . Minimum is zero, max is 2 years or balance of time remaining on your probated sentence. Paying fine won't get person released.

  4. J. Michael Bass

    Contributor Level 6

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    Answered . As it has been said, a technical violation can get you two years. Cocaine addiction is difficult to deal with on your own. Depending on your prior record, if any, you may be able to get the Court to agree to not revoke you as long as you are progressing toward a goal of being clean from drugs. However, you have to have a plan set out at the time you go to court. You will not be successful if you simply go to court on your revocation hearing and say, "How about if I try some rehab?" You need a plan in place that is acceptable to your probation officer. You need to be accepted into the program where you are seeking to do rehab. I have had a lot of success in getting my client's into rehab and keeping them out of prison. However, you need an attorney who regularly practices in the court where you are charged so that he knows the rehab programs that are acceptable to your probation officer and the court. You did not say where you are on probation. It does list that you are in Macon. If you are on probation in Bibb County or any of the neighboring counties or any other court there, then my recommendation would be that you contact Michael Cranford whose office is in Macon. He is a very good attorney. Good Luck.

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