What happens if you violate probation by failing a drug test for marijuana?
My boyfriend was charged with possession of heroin when he overdosed. He got a years probation with 6 months of drug tests. He failed his 5 month of drug tests. Will he get jail time
1 attorney answer
Unfortunately, the answer is it depends. A lot goes into determining the sentence for someone who violates the conditions of their probation. If they have done everything else as asked and have a good rapport with their PO, they may just have their probation extended or stay the same. However, if they have failed to do a lot of the requirements of their probation or picked up new charges, they may be required to serve their sentence. Your boyfriend needs to speak with an experienced attorney and allow them to negotiate his sentence with the district attorney.
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