Skip to main content

If you are on first offender probation and you fail a drug test for marijuana, what will the punishment be?

Fitzgerald, GA |

i don't know how first offender works,so any information would be helpful.

+ Read More

Attorney answers 4


There is no set punishment for a First Offender violation. A lot depends on the judge, the probation officer, and the original charge. It is possible that you will be adjudicated guilty and re-sentenced, up to the maximum penalty for the charge you plead to under the First Offender Act. This certainly doesn't always happen, but it is an option.
It is extremely important that you get an attorney ASAP to help minimize the damage.


You are asking the wrong question. You should be asking: how can I stay clean while on probation so I don't have to face further consequences? Rule #1 on probation is always "do not violate the law." Taking illegal drugs is illegal. Just don't do them and have a happy probation knowing you are doing anything to mess things up.

I am an attorney. I am not your attorney unless you have signed a written contract with me and given me money. This is information for educational purposes only, and no attorney-client privilege exists.


If it is determined that you violated the law, the judge can call you back into court and sentence you to the maximum penalty that you could have received when you plead under the First Time Offender Statute. It is a stiff penalty but that should have been explained to you when you entered your plea. Because discretion is involved you (your lawyer) should have the opportunity to discuss your case with the Probation Office, DA's Office, and the court.

If you want additional information or if you want a quote for services, feel free to contact me at 678-383-0403 or visit us online at:

Best of luck,

Comments provided by S.Carlton Rouse are not intended to create an attorney/client relationship. In addition, the answer provided was based upon the limited information provided online, as such, any opinion/suggestion/comment could likely change after consultation and/or further review of the facts/documentation. For adequate legal advise, you should contact a lawyer and have a detailed consultation.


If the Court finds that you violated the terms of your First Offender Probation, you can legally be sentenced up to the maximum sentence for the original crime, not just the time remaining on the probation. Certainly, there is some discretion depending on the amount of time you have served, the severity of the violation, and the recommendations of the DA and Probation. I assume this is in the Crisp Circuit.

Answering this question neither constitutes the giving of legal advice nor does it create an attorney-client relationship.