What is someone who was caught with drugs while on probation facing? 48 Answers as of June 26, 2013

A person that is on probation and got caught with a quarter gram of meth but has not been indited on the charges of the drugs yet, what are they facing?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Any probationer who is arrested on a new charge may face allegations that they violated the terms and conditions of their probation. Prohibitions against any sort of police contact is a standard condition of probation for both felonies and misdemeanors in Michigan. People charged with a probation violation have certain rights, including a right to a hearing, a right to council, rights to see the evidence against them, rights to subpoena witnesses on their behalf, and other rights as well. However, the burden of proof for this type of proceeding is much lower than a criminal charge. There is no right to a jury; it's a only a judge-adjudicated hearing. The rules of evidence are relaxed. If a person is convicted, they will be re-sentenced based on their original sentencing parameters for their underlying offense. People may even occasionally go to prison for probation violations, so it can be a serious issue. You should have a right to council. I'd advise that you exercise that right.
Answer Applies to: Michigan
Replied: 11/29/2011
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
Probation will move to violate him. There maybe an offer of jail time in lieu of a hearing to prove the probation violation. Otherwise it's in the judge's discretion and anything up to the max can be sentenced by the judge.
Answer Applies to: New York
Replied: 11/28/2011
DeVito & Visconti, PA
DeVito & Visconti, PA | John E DeVito
If a defendant commits a new offense while currently on probation, that defendant will face a probation violation hearing. The result of that hearing could cause the defendant to be re-probated with additional conditions or sent to jail. If the defendant in your scenario was not arrested, the probation department may not find out of the new offense until it is brought to court. If the police never bring the charges before the court and the probation department does not learn of his possession of the illegal substance, the defendant should avoid a probation violation. The defendant should consult with an attorney as soon as possible.
Answer Applies to: Massachusetts
Replied: 11/17/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Depends what they are on probation for, if simple possession of drugs, then either prop 36 or jail.
Answer Applies to: California
Replied: 11/16/2011
The Law Office of Cindy Barton
The Law Office of Cindy Barton | Cindy Barton
If the person is in Utah and found in possession of meth while on probation, usually he would be looking at probation violation and a new third degree felony (that means possible 0 to 5 years in the prison on the new charge).
Answer Applies to: Utah
Replied: 11/16/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Bedsides the penalties that the meth charge can carry, they can be violated on the charge that they are on probation for and receive up to the maximum on that charge.
    Answer Applies to: Michigan
    Replied: 11/16/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    There is the new drug charge that is likely a very low level felony. This can carry prison, but often results in probation. The probation revocation would be automatic with a new conviction. The judge can sentence the person to anything in the range of sentences that s/he originally had. So, it depends on what the probation offense was. Also, if there was suspended jail in the probation case, then that is likely. Sometimes, a person can make a deal covering both cases.
    Answer Applies to: Colorado
    Replied: 11/16/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    Besides the drug charge itself, I'm sure that it would also be a violation of probation that the probation officer can pursue.
    Answer Applies to: New York
    Replied: 11/16/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    Revocation of all of the probation plus the new sentence for the meth charge. I can't be more specific without knowing the person's criminal record and where they are charged.
    Answer Applies to: Georgia
    Replied: 11/16/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A theft offense can be very serious. A conviction would leave an indelible mark on your record and it can impact future employment and other opportunities. As a result, an aggressive defense is necessary. As a misdemeanor offense, a theft under $500 is punishable by up to 90 days in jail and a 41000 fine. Often. if you have a clean record and/or viable defenses, you may be able to avoid a conviction with a Stay of Prosecution which, upon completion of certain conditions, may result in a dismissal of the charge.
    Answer Applies to: Minnesota
    Replied: 11/16/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Depends on many factors: what they are on probation for; their previous performance on probation, their prior record, how much drugs they currently were caught with, their prior records among other reasons. In all cases they are liable for the maximum penalty for the case they are on probation for.
    Answer Applies to: California
    Replied: 11/16/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    It is likely they will be charged with the new crime. Until that happens, it is impossible to know what the range of sentence might be. If they were on probation, it is likely that they will also face a probation violation hearing and if found guilty could spend time in jail and/or prison.
    Answer Applies to: Michigan
    Replied: 11/16/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    At best it is a probation violation, punishable by up to 60 days in jail. Charges of unlawful possession of a controlled substance may also be filed. What the penalty for that is depends on the individual's criminal history or offender score.
    Answer Applies to: Washington
    Replied: 11/16/2011
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    Possession of methamphetamine is a third degree offense so you are looking at up to five years in state prison if you are convicted, as well as up to two years loss of your driving privileges. You are also facing a Violation of Probation charge.
    Answer Applies to: New Jersey
    Replied: 11/15/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You fail to provide information on why you are on probation, so I can only guess what the sentence would be for this new case. Obviously, you are facing a double whammy, because you have the other case with probation open, and in all likelihood, you are facing a violation of probation, and would not be surprised if you got some jail time as a sentence in either the new case or the violation of probation case. You had better hire a good criminal defense attorney to represent you, for you do have some problems. The maximum sentence on the possession charge, in Illinois, is 1-3 years in prison, but I doubt you will get that, if the probation was for a relatively minor misdemeanor conviction.
    Answer Applies to: Illinois
    Replied: 11/15/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    At the very least a violation of probation and time in.
    Answer Applies to: New York
    Replied: 11/15/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    First of all if you are using-meth you are a very bad decision maker. It is one of the most dangerous and and addictive drugs that you can get involved with. Get yourself into a drug program and get clean. retain a good criminal attorney to try to keep you out of jail and in treatment. If you do not have a serious criminal record the judge may continue the probation and allow you to complete probation. It is hard to stay clean, but it is much harder to spend a year in jail.
    Answer Applies to: New York
    Replied: 11/15/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    Revocation of the probation, and a punishment for the drugs as well. You should hire an attorney.
    Answer Applies to: Pennsylvania
    Replied: 11/15/2011
    Reza Athari & Associates, PLLC | Seth L. Reszko
    It is difficult to answer this question without more information. Keep in mind that the Court can revoke the probation and require that you serve the initial sentence that was set forth at sentencing. Also, you are subject to additional charges due to the possession of the drugs. I would consult with your attorney or retain one.
    Answer Applies to: Nevada
    Replied: 11/15/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    New charge and a violation of their probation. What did they sign up for on probation? A good lawyer will work this mess together, but they are looking at some jail time most likely. Better hire the best lawyer you can afford.
    Answer Applies to: Texas
    Replied: 11/15/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    What was the person on probation for? If it is a drug offense we may be able to get them into treatment without and sanction.
    Answer Applies to: Nebraska
    Replied: 11/15/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    The drug charge in itself is a felony charge. The consequence they are facing from a probation violation is dependent on several factors, mainly what sentence was stayed to probation, what number violation it is, the judge, etc.
    Answer Applies to: Minnesota
    Replied: 11/15/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Without being charged you could have a probation violation hearing. If they find that you violated your probation, your probation could be revoked. If your probation is revoked ,you could be sentenced to the time that was suspended when you received probation.
    Answer Applies to: California
    Replied: 11/15/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Almost for certain they are facing a probation revocation on the probationary charge and a likely prison sentence for the new charge.
    Answer Applies to: Alabama
    Replied: 11/15/2011
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    This person is going to be facing a violation of the probation even without new charges being filed. A probation violation does not require a conviction on a new charge to be jailed on the first offense. The decision is up to the sentencing judge. It is common for many drug charges to be delayed in filing until lab reports are received to verify the substance. Sentences for the two offenses may be running on top of each other and the sentence for a probation violation may actually be served before the new charge is even filed. The new charge may be enhanced, that is increased in the amount of potential sentence, because of the prior conviction even though probation had been granted.
    Answer Applies to: Missouri
    Replied: 11/15/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    You can face new charges in addition to having your probation revoked and you may be ordered to serve your original sentence.
    Answer Applies to: Kansas
    Replied: 11/15/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    They can be sentenced to whatever they could have been sentenced initially. So, if the person is on probation for a Third Degree Felony that person, if found to be in violation of his probation, can be sentenced to five years in prison on a violation of probation for a Third Degree Felony. (15 years for a Second Degree Felony and 30 years for a First Degree Felony).
    Answer Applies to: Florida
    Replied: 11/15/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    If the person only had a quarter of meth and no scales or indicia of sales they would be eligible for Prop 36 or deferred entry of judgement.
    Answer Applies to: California
    Replied: 11/15/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Depending on the way the case is charged, what the "person" was on probation for, the "person" could be looking at a prison sentence in excedss of 3 years. "Person" need and attorney.
    Answer Applies to: California
    Replied: 11/15/2011
    Charles Regan Shaw, PLC
    Charles Regan Shaw, PLC | Charles R Shaw
    A probation violation at the very least.
    Answer Applies to: Michigan
    Replied: 6/26/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Any plea or conviction could and probably will result in a violation of his probation. He needs to seriously discuss this with his attorney and probation officer before making any decisions. A probation violation could result in an extension of probation, jail time, or his probation being revoked and therefore being subject to the maximum penalty of what he was initially convicted of and on probation for. It's a good idea for him to have an attorney for the probation violation as well.
    Answer Applies to: Michigan
    Replied: 11/15/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    A possible jail sentence.
    Answer Applies to: New Jersey
    Replied: 6/26/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If the prior matter is another drug related matter, then you are probably looking at jail time; how much depends upon the judge, the charges and your terms of probation, including input from your probation officer.
    Answer Applies to: Washington
    Replied: 11/15/2011
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    This is a violation of probation so a probation revocation hearing will probably be scheduled.
    Answer Applies to: Nevada
    Replied: 11/15/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    In addition to any punishment on the new charge (Health and Safety Code 11377 is possession of meth - a "wobbler" that can be either a felony or a misdemeanor. You may be eligible for a drug diversion program, depending on your record. But.... in addition to any consequences for the new case, picking up a new case while you're on probation can violate that probation and you could get additional time - anything up to the maximum on the probation case, minus any time you've already served. Bottom line - nobody can guess what WILL happen, only what MAY happen. You're going to need a good, local criminal defense attorney - either one you hire or the public defender if you qualify and the judge appoints one.
    Answer Applies to: California
    Replied: 11/15/2011
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    If a person is convicted of a new charge that they pickup while on probation is facing all of his backup time from the original charge. Most judges take violations of probation very seriously.
    Answer Applies to: Maryland
    Replied: 11/15/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    They would be facing a probation violation, and a sentence from that issue (could be a return to probation, etc.), plus the new charges if any are filed. It is a challenging situation that would call for hiring an experienced lawyer.
    Answer Applies to: Colorado
    Replied: 11/15/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    While on probation, a violation may be subject to imposition of any sentence up to the maximum of the underlying offense. So it depends on what you are on probation for.
    Answer Applies to: New Hampshire
    Replied: 11/15/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    If you get a probation Violation, then you could face the maximum time yet to serve on the offense for which you are on probation. In addition, you face the penalties on the new offense. Of course, this is not what always happens as a practical matter. It is only the maximum.
    Answer Applies to: Michigan
    Replied: 11/15/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    That would depend on the defendant's criminal history but I suspect jail will be involved.
    Answer Applies to: Washington
    Replied: 11/15/2011
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    No lawyer could give you a good answer based on this info - you need to sit down with a good lawyer to go over your prior record, facts of the underlying conviction(s) you are on probation for, who your Judge is, and the circumstances of the allegations.
    Answer Applies to: Pennsylvania
    Replied: 11/15/2011
    Allan & Summary
    Allan & Summary | Justin Summary
    A possession charge is a C felony in Missouri meaning they could face up to 7 years in prison maximum on that charge. They would also be facing time for a probation violation but I would need to know what they are on probation for to be able to tell you the amount of time they would be facing for that.
    Answer Applies to: Missouri
    Replied: 11/15/2011
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    The person will also possibly face Revocation of their Probation and the original possible sentence for the offense they were on probation for. For the new case, it depends if the person has any other drug priors. Typically, when someone commits a new offense while on Probation for another then the judge can only sentence them to the Presumptive term in the Department of Corrections or higher. However, there is legislation in Arizona that is specific to drug use that may allow Probation instead. A lot of it will depend what the person was on probation for and what their priors are.
    Answer Applies to: Arizona
    Replied: 11/15/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Facing on what the probation violation or the sentence on the meth? They face the balance of the probation in jail. They face a prison sentence on the meth.
    Answer Applies to: Georgia
    Replied: 11/15/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Jail time of some length depending upon his prior record, etc. Retain counsel to mitigate the damage.
    Answer Applies to: Pennsylvania
    Replied: 11/15/2011
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