Will I go to jail for failing a drug test (marijuana) while on felony probation in Broward county Fl?

Asked over 1 year ago - Fort Lauderdale, FL

I am on felony probation for battery on a law enforcement officer. I have adjudication withheld on my case. this is the first time my p.o has sent in a report of my failed drug test to the court. She said she is recommending to the court that I take drug counseling and or courses, Is it possible The court can deny it?

Attorney answers (2)

  1. William David Umansky

    Pro

    Contributor Level 20

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    Answered . your po may recommend it, but the Judge can issue a warrant for your arrest regardless. Hire a competent VOP criminal lawyer asap to help you immediately. Good luck to you! It is certainly better for you that the PO is not suggesting jail or prison.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
  2. Edward Calvelo Pamintuan

    Contributor Level 7

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    Answered . It is very likely you will go to jail. Your probation officer will present a violation of probation warrant to the judge, will attest to the facts contained in the warrant as true and it is very likely the judge will issue the warrant. Once every 1,000,000 years a judge will not sign a violation of probation warrant for a failed drug test but will instead have you come into court for a out of custody reprimand hearing, give you a warning and allow you to continue on your probation without a violation. In this case, do not expect that to happen. Your best bet would be to hire an attorney, have the attorney work the violation of probation out with the state, have the attorney place you on the court's docket for a first violation of probation hearing/surrender hearing, and resolve the case to a resolution that does not involve incarceration.

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