What will happen to someone that is on parole if they are caught with drugs? 12 Answers as of July 02, 2014

They are in jail waiting for a judge hearing. They have been since June 5th. I know it's violation of parole. His parole officer has sent recommendations that he go back to prison.

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Elhart & Horvath, P.C.
Elhart & Horvath, P.C. | Mattias Johnson
There are many variables that will go into what will happen. The first being the charge that he is on parole for in the first place. Another would be his criminal record. The opinions of the parole officer and the judge will also be important. It is impossible to know exactly what will happen, but speaking with an experienced criminal defense attorney in your area will help to give you a better idea.
Answer Applies to: Michigan
Replied: 7/2/2014
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
He is going back to prison.
Answer Applies to: Georgia
Replied: 7/1/2014
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
A person on probation who is caught with drugs, will have a probation revocation hearing in front of the judge. At that hearing evidence will be supplied by the law enforcement officer who did a search and found the drugs. Additionally, a recommendation will be submitted by his probation officer. The result of this hearing can be a reinstatement of probation or depending upon the charges and a suspended sentence, county jail or state prison.
Answer Applies to: California
Replied: 6/30/2014
Boehmer Law, LLC
Boehmer Law, LLC | Eric L. Boehmer
It is very likely that his parole officer will put a detainer on him when his new case is resolved, he will go back to prison to serve more of his sentence.
Answer Applies to: Missouri
Replied: 6/30/2014
Universal Law Group, Inc. | Francis John Cowhig
There is a very good chance that he will go back to prison. A lot will depend on the amount, type of drug and how good his attorney is.
Answer Applies to: California
Replied: 6/30/2014
    Kirk, Kirk, Howell, Cutler & Thomas | Kristen L. Booker
    I have recently handled some post supervised release revocation hearings. The result is going to depend on who the hearing officer is, how much longer the person has on post supervised release and what happens with the drug charges. If the drug charges are dismissed, then their chances of being released to continue their post supervised time will be greater. The probation officer is always going to suggest that the defendant be sent back into prison and serve out the remainder of his sentence. However, this request by the probation officer doesn't guarantee that will be the result. I have even had clients who were convicted of new charges and still were allowed to remain on post supervised release.
    Answer Applies to: North Carolina
    Replied: 6/30/2014
    Law Office of Linda K. Frieder
    Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
    The court can reinstate the terms of parole, may make patrol more stringent or send the violated to jail/prison.
    Answer Applies to: California
    Replied: 6/30/2014
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    They will go back to prison.
    Answer Applies to: Georgia
    Replied: 6/30/2014
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You don't tell me what the person is on parole for. However, if the probation officer is recommending he go back to prison... good chance that will happen.
    Answer Applies to: Washington
    Replied: 6/30/2014
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Prison most likely.
    Answer Applies to: Nevada
    Replied: 6/30/2014
    Gliszinski Law Office, LLC | Susan Gliszinski
    It sounds like the person violated the conditions of his parole. It is likely that his parole would be revoked and then sent back to prison.
    Answer Applies to: Minnesota
    Replied: 6/30/2014
    Shalvoy Law, LLC | Walter A. Shalvoy Jr.
    I assume you are referring to a violation of probation. Typically, he will receive a sentence equal to half of the time he owes. In other words, if he was originally sentenced to 5 years suspended after 2, he would still owe the 3 years. Meaning he would be sentenced to 1 1/2 years to serve, with additional probation.
    Answer Applies to: Connecticut
    Replied: 6/30/2014
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