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I failed a drug test while on misdemeanor probation. This is my first time being on probation. Will I have to go to jail?

Conyers, GA |
Attorney answers 5


It depends on the judge, probation officer, prosecutor and the attorney representing you. If I were your lawyer, I'd have you get involved in drug treatment immediately. This may appease the judge. Hire a lawyer immediately.


What happens with a probation violation depends on a lot of things. The length of time you have been on probation. What you are on probation for. What you have left to do on probation. Do you have judge bills or judge Massey?


They should have done a drug test at the outset to determine your baseline. You shouldn't be revoked for something you did before you were put on probation. If that wasn't done, and depending on how long you've been on probation, there may be a good defense there. Also, a good attorney should be able to help with negotiating some alternative to jail time, especially if you have some extenuating circumstances.


Add Mr. Goldberg said, it depends on the judge and others, but I would expect around 30 days of jail.


It depends on the judge, and your probation officer. Some judges may only increase community service or other conditions while some judges will give you a jail sentence. You don't get any warnings about when you are going to get a random drug or alcohol screen.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

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