What happens when you violate probation for a misdemeanor drug charge? 8 Answers as of March 17, 2013Son is on probation for a misdemeanor drug charge. He has failed a drug test and admitted to probation officer that he was in a room with people who smoked marijuana another offense on his probation. Paperwork for a substance abuse screening was not sent in time even though he did meet with the counselor in the allotted period. So he technically had violated three conditions of his probation. Our question is can his 1st offender and driving privileges be taken away from him? If this does happen, can he get a conditional driver's permit so he can work?
William L. Welch, III Attorney | William L. Welch, III
You might go to jail for all of the time that the court suspended originally. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence. 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 your post, then it might be used in evidence against you.
Answer Applies to: Maryland
Austin Legal Services, PLC | Jared Austin
There is no blanket answer for this question as the outcome depends on a variety of factors: is it his first violation, what his PO will recommend, who the judge is and how likely he is to follow the PO's recommendations, etc. He could be sentenced to jail, more probation, or just a reprimand. His PO should be able to tell him what is likely to happen.
Answer Applies to: Michigan
Freeborn Law Offices, P.S. | Steve Freeborn
The sentencing judge can do what he wants, including the imposition of jail time. If his driving privileges are tied into the sentence, yes, the judge and/or DOL can suspend. If so, no, he cannot get a conditional license. It sounds like with 3 probation violations, your son has more serious substance abuse issues that need to be addressed.
Answer Applies to: Washington