What happens after a failed drug test while on misdemeanor probation? 2 Answers as of June 14, 2013

my fiance is on probation for simple battery(family violence) it was a misundertanding between us and the police were called. he plead guilty and took probation. he went to get evaluated for the family violence class and the dr.asked if he smoke or drank in the past.he said yes, my fiance asked if that would affect his probation and the dr.clearly stated no, it had nothing to do with his probation. he took a drug test and tested positive for marijauna. a copy of the referral letter was sent to his probation officer that he had recently filed a complaint against. when he reported on june 14, the new probation officer said the warrant was already on her desk signed. The old po should have forwarded the letter to the new one but we don't believe she did out of spite. What will happen when he goes to court? Drug screening was not apart of his stipulations. he was suppose to start the substance abuse class and family violence on the 18th, but he was arrested on the 14th.

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Darrell B. Reynolds, P.C. | Darrell B. Reynolds
What happens is solely up to the judge?
Answer Applies to: Georgia
Replied: 6/14/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
I suspect a portion of his probation will be revoked, because he is consuming marijuana. If the judge releases him, then the judge will add drug testing.
Answer Applies to: Georgia
Replied: 6/29/2012
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