What happens to felon on probation that is caught with a possession charge? 17 Answers as of June 13, 2013

Got caught with a half ounce of marijuana on him.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Probation gets revoked and probationer spends some time in jail.
Answer Applies to: Georgia
Replied: 11/25/2012
Hamblin Law Office | Sally Hamblin
Could have violation of probation charges along with new crime.
Answer Applies to: Michigan
Replied: 11/16/2012
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
When you get arrested while on probation you will usually get 6 months or a year in jail, but a good lawyer may be able to keep you out of jail.
Answer Applies to: New York
Replied: 11/9/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
They will probably get some jail if not prison. That is what. Maybe at least residential treatment.
Answer Applies to: Michigan
Replied: 11/9/2012
Universal Law Group, Inc. | Francis John Cowhig
Your probation officer will probably violate you which could mean jail time on the original charge. In addition you have the new charge to worry about. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answer Applies to: California
Replied: 11/8/2012
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    If he is still on probation, and a term of his probation is to not possess an illegal substance, this will constitute a probation violation and he may be sentenced up to the maximum sentence of his original criminal charge.
    Answer Applies to: California
    Replied: 11/8/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    It's kind of up to the probation officer to decide what to do. The misdemeanor charge should be less of a concern than the probation violation.
    Answer Applies to: Nevada
    Replied: 11/7/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Probably violate probation and may need to do time.
    Answer Applies to: Nevada
    Replied: 11/7/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    He is looking at a new charge of possession and a revocation of his probation. He needs to get a lawyer. We are happy to offer a free consultation to discuss the matter.
    Answer Applies to: Nebraska
    Replied: 11/7/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    He or she will be charged with possession of marijuana and be revoked on the felony for 30 days.
    Answer Applies to: Washington
    Replied: 11/7/2012
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    That would be a violation of your probation and it is probable that the probation officer will file a violation charge. You will be entitled to a hearing before the Judge and if found guilty of the violation, the Judge can sentence you based on the maximum sentence on the original charge. Consult with an attorney to make sure your rights are protected.
    Answer Applies to: Michigan
    Replied: 11/7/2012
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    His probation will likely get revoked and have to do his underlying time. Additionally, he will likely be charged with another crime.
    Answer Applies to: Kansas
    Replied: 11/7/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Parole could be revoked.
    Answer Applies to: Minnesota
    Replied: 6/13/2013
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    He is facing a probation violation hearing and possible incarceration.
    Answer Applies to: Michigan
    Replied: 11/7/2012
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    They can move to violate him from probation and seek prison time based on the violation. It is extremely important that he have a good defense, if you're in the NYC area and wish to hire an attorney for him contact us immediately
    Answer Applies to: New York
    Replied: 11/7/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    He will be arrested for violation of probation and could potentially spend the rest of the probationary period in jail.
    Answer Applies to: Florida
    Replied: 11/7/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    Normally the person is "violated," meaning that a detainer is issued. The detainer holds him in jail pending his hearing, often 3 months (without intervention) but I just had one where the hearing was scheduled close to a year later and we had to file a "speedy Gagnon" motion to get a hearing date, which was then scheduled in two weeks. At the hearing the Judge can sentence him to time-served and let him out, could give substantially more time if the underlying offense is a felony, or can find that he didn't violate probation, in which case he would be cut loose. Get a very good lawyer as there is a wide range of possibilities. You may also want to look at the following page on Pennsylvania Drug Charges: http://fairlielaw.net/practice-areas/drug-charges/
    Answer Applies to: Pennsylvania
    Replied: 11/7/2012
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