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What will happen if I fail my second drug test for probation even if it my levels are down?

Cullman, AL |

I failed one and now I have to take another. Will they send me to jail? even if I haven't been smoking but its still in my system enough to fail me?

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Attorney answers 2


Depending on the time frame, you could be revoked. It takes different times to get out of your system depending on frequency of use. It is all up to your judge.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.


The law in Alabama regarding revocation of probation is fairly "elastic" and there are no hard and fast rules concerning the revocation of probation. If the trial court that entered the probationary sentence is "reasonably satisfied" that the probationer has violated one or more terms of probation, the trial court may then order the full sentence of incarceration enforced, or order a modification of terms of probation, or revise the terms and conditions of probation, or simply give a warning to the probationer, or any combination of these factors. There is no standard method of revocation of probation in the state. However, if the probationer's assigned probation officer and the district attorney recommend revocation and incarceration, there is a very good chance or even the probability that the probationer will be summarily jailed.

Under Alabama law, hearsay is admissible at a revocation hearing. The probation officer's report is admissible and the trial judge will often follow the recommendation of the probation officer. The probationer is entitled to assistance of counsel (although the court will not appoint counsel for these issues) and the probationer may call witnesses and cross-examine the state's witnesses.

Your best course of action is to retain (hire) the best criminal defense lawyer you can afford to assist you in this matter. For a listing of qualified attorneys in your area, check the listing under 'Criminal Defense' in the Avvo listings.