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What will happen to me if i fail my drug test for probation?

Atlanta, GA |

the probation is for a dui i got its my first ever an the first time ive ever been put on probation an its also my first drug test . . i dont know what to do the county its in is clayton county ( forest park, Ga. plz help me an tell me what could happen to me . could i go back to jail

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Attorney answers 5


Yes, if you fail a drug test while on probation you can have your probation revoked and go to jail. Hopefully you did not admit using drugs to your probation officer as many of the drug tests used by the probation department are not admissible in court. Feel free to call me at 404-812-4305 if you have any questions regarding this issue.


A failed drug test could be a basis to revoke your probation and send you to jail. As Mr. Pines stated, do not admit anything and hire an attorney if they file a probation revocation action.

The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation


Yes, you could very well pend some time in jail for failing a drug test while on probation. it all depends on the judge. I know judges who order 30 days of jail no questions asked for a dirty screen and I know others who will give you one strike. You should consult a lawyer in Clayton County.


If you just started probation they may give you a bit of slack on this test. However, probation means you have already been convicted of a crime. You have one foot in the jail cell already!

Talk to a lawyer about this. Refusing to give a statement to your PO can also be a grounds for revocation.

Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin Talking to the Police - Advice from Lawyers and Police:


Simple answer - Yes, you can have your probation Revoked for failing a drug test. The Judge determines the punishment for a Probation Violation. Some Judges will throw the book at you and others take a less severe stance on this type of violation.Please follow this advise, do not admit to drug use to your probation officer!!! Many times the specific types of drug tests used by the probation office are not admissible in court. Additionally, the amount of time that you have been on probation may have an effect Oma dirty drug test result. If you have only been on probation for a short period of time a dirty drug screen (usually for Marijuana) may not be held against you. However, if you have been of probation long enough for the drug to have metabolized out of your system, you could be in serious trouble. I would advise you to consult with an experienced criminal defense attorney that regularly practices in your sentencing court. I hope this information has been helpful. Good Luck!!! George McCranie IV

The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.

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