QUESTION
What happens when you violate probation for a misdemeanor drug charge?
Asked on Mar 14th, 2013 on Criminal Law - Georgia
More details to this question:
Son is on probation for a misdemeanor drug charge. He has failed a drug test and admitted to probation officer that he was in a room with people who smoked marijuana another offense on his probation. Paperwork for a substance abuse screening was not sent in time even though he did meet with the counselor in the allotted period. So he technically had violated three conditions of his probation. Our question is can his 1st offender and driving privileges be taken away from him? If this does happen, can he get a conditional driver's permit so he can work?
3 ANSWERS
Michael J. Breczinski
Yes that is possible. He could also spend sometime in jail for violation of his probation.
Answered on Mar 15th, 2013 at 6:11 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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There is no blanket answer for this question as the outcome depends on a variety of factors: is it his first violation, what his PO will recommend, who the judge is and how likely he is to follow the PO's recommendations, etc. He could be sentenced to jail, more probation, or just a reprimand. His PO should be able to tell him what is likely to happen.
Answered on Mar 15th, 2013 at 6:10 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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The sentencing judge can do what he wants, including the imposition of jail time. If his driving privileges are tied into the sentence, yes, the judge and/or DOL can suspend. If so, no, he cannot get a conditional license. It sounds like with 3 probation violations, your son has more serious substance abuse issues that need to be addressed.
Answered on Mar 15th, 2013 at 6:02 AM