William L. Welch, III Attorney | William L. Welch, III
If the judge finds that the refusal violated the terms of probation, then he would face whatever time was originally suspended at sentencing. An attorney can assist him with evaluating the states case, any defenses that he might have, and any plea offer that might be made, so that he can decide whether to plea bargain or go to trial. If he were to be found guilty, then an attorney can assist him with presenting mitigation, allocution, and a recommendation for a more lenient sentence. He should consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential. If somehow the prosecution were to find his post, then it might be used in evidence against him.
Answer Applies to: Maryland
Rizio & Nelson | John W. Bussman
That's not a crime, but it is a probation violation. As one term of your boyfriend's probation, he was probably ordered to comply with any reasonable directives of his probation officer, including submitting to a drug test upon demand. If he refused to do so, he has violated his probation. The judge could sentence him to up to the maximum penalty for the charge that got him onto probation in the first place.
Answer Applies to: California
Timothy J. Thill P.C. | Timothy J. Thill
That depends on the judge's discretion. He may be put into a drug program, with probation extended, or he may serve a spell in the gray bar hotel. It is solely up to what the judge decides and trying to read a jurist's mind is impossible.
Answer Applies to: Illinois