Do you go to jail for refusing a drug test while on probation? 15 Answers as of February 27, 2013

My boyfriend was caught with a small amount of marijuana and was put on probation. On his last visit with his probation officer, he refused to take a drug test. What kind of time can he be facing?

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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
Replied: 2/27/2013
Law office of Robert D. Scott | Robert Scott
You could, if your probation is revoked for failure to comply with conditions of probation.
Answer Applies to: Maryland
Replied: 2/24/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
He could do up to a year on a misdemeanor or whatever the maximum sentence was on a felony, such as 4 years on an E felony.
Answer Applies to: New York
Replied: 2/21/2013
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further information to answer. It may depend on what the probation officer recommends to the prosecuting attorney as to what sentence should be.
Answer Applies to: New York
Replied: 2/21/2013
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
He would likely be considered to have been under the influence at the time.
Answer Applies to: Nebraska
Replied: 2/21/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    That would probably be a violation since presumably it is customarily part of probation to randomly submit to drug tests, especially for drug charges.
    Answer Applies to: Michigan
    Replied: 2/20/2013
    Rizio & Nelson
    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
    Replied: 2/20/2013
    Timothy J. Thill P.C.
    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
    Replied: 2/20/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Is it a violation of his probation. He can be sentenced to serve the remainder of his probation (up to 2 years) in custody.
    Answer Applies to: Georgia
    Replied: 2/20/2013
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