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What will happen if you violate your first offender probation (felony) for a misdemeanor marijuana charge?

Fayetteville, GA |

He was driving his girlfriend's car when he ran a stop sign. The police pulled them over and smelled marijuana from the car. They searched the car and found the marijuana. He said it was his so they locked him up. He got bonded out, but his court date is coming up soon. What will happen since he was on first offender probation? He had paid off all this fines and did everything he was suppose to do. He was on non-report at the time of his new charge.

Attorney Answers 3


  1. What happens regarding the First Offender probation has a lot to do with how his PO feels about things and how he handles this new charge. He can be violated whether or not he pleads guilty to the charge, so he needs to be very careful.


  2. There is a chance he will have his first offender status revoked and he will go to prison.


  3. How much time gets revoked and whether you get to keep First Offender Status will depend on what the probation officer is asking for and how the judge reacts to the facts. If his felony conviction involved drugs that will add to the fire. I would advise talking to some local counsel and local public defenders to see how the judge has reacted in the past (I would not advise doing it on this website). It sounds like a lawyer is needed in both cases. Good luck.

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