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Failed drug test while on probation. How long could he serve, could more time be added?

Atlanta, GA |

My fiance is currently in Cobb County jail for a probation violation due to a failed drug test. He will be off of probation on 6/30, yes he was stupid for smoking. He violated before because he was unable to pay his fines and was locked up, it was paid, and the judge made him serve 6 months in prison. This time he failed a drug test. Can the judge extend his probation, add more time, make him start all over? Will he have to stay in jail until his probations ends? Does he have a chance of getting out before 6/30? We were told that the judge can not add anymore time due to the 1st offenders act but we've been told so many different things? Any advice is greatly appreciated.

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Attorney answers 5

Best Answer

I have several questions. Is the case a felony or misdemeanor? What was he originally charged with? Is it a first offender sentence?

He should have a probation hearing scheduled very soon. The sooner you hire counsel to represent him at that hearing, the sooner his case will be resolved.

Without knowing more information, I cannot answer whether he'll be out by 6/30. My office is in Cobb County. Contact me at (678) 310-7333 if you'd like to discuss your case for free.



Thank you all for your responses. His original charge was possession of marijuana with intent to sell, he was sentenced to 8 yrs probation which ends on 6/30. I believe this was a felony charge. Honestly I am not sure about the 1st offender sentence question. He turned himself in today and was told his court date isn't until 2/14. The reason i was asking about 6/30 is because that is the date his probation is to end.

William A. Jones Jr.

William A. Jones Jr.


Rather than respond with what I think is probably your answer I will defer to Mr. Geller's opinion with the added information. Good luck.


Call Josh he is local and his questions are appropriate.

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.


I have to agree with Attorney Cohen, give Mr. Keller without delay. Having knowledgeable local counsel to talk is critical.

William A. Jones Jr.

William A. Jones Jr.


That's of course "Geller".


First, you need to retain a criminal defense attorney to represent him. If he violated the terms of his probation, due to a dirty urine, he is exposed to a motion to revoke his prior probated sentence. He is entitled to notice and a hearing in front of the sentencing judge. Get counsel.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


If this is a first offender sentence, the judge could resentence your fiance and give him more time (unless his first offender status was already revoked or he has already been sentenced to the maximum). Moreover, I would expect that the judge would want to make him serve more than 6 months, since he already has served one revocation for that period of time; judges generally like to increase the punishment each time the offender violates. Your fiance needs an attorney to help him minimize his punishment. I am a former Cobb County prosecutor and would be happy to help with his case. Call me if I can be of assistance.

Allen R. (Rusty) Knox
125 TownPark Drive, Suite 300
Kennesaw, GA 30144
(678) 334-1399

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