QUESTION
What would happen to a person who is on probation, and gets a probation violation for possession of marijuana and they fail?
Asked on Apr 26th, 2013 on Criminal Law - Florida
More details to this question:
My brother got a probation violation for possession of marijuana, and they are now going to drug test him and is afraid of possibly failing for methamphetamine. What could happen to him?
5 ANSWERS
Michael J. Breczinski
Jail or prison depending on what he is on probation for.
Answered on Apr 29th, 2013 at 9:14 PM
There will be a hearing before the judge. The prosecutor will be there. The judge will decide whether to revoke the probation because of the violation. Your brother should hire a criminal defense attorney to represent him at the hearing to hopefully convince the judge to give your brother another chance.
Answered on Apr 29th, 2013 at 4:03 AM
William A. Siebert
He would be violated and probably given a choice of advanced drug treatment or jail.
Answered on Apr 29th, 2013 at 3:53 AM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
He could go to jail. It is up to the sentencing judge.
Answered on Apr 29th, 2013 at 1:29 AM
3 Awards
Assuming it is a misdemeanor amount of marijuana, he could go to jail for a year. Ultimately, he faces the maximum of the underlying charge. He needs to immediately retain a defense attorney to assist him with the VOP.
Answered on Apr 29th, 2013 at 12:30 AM