if someone on misdemeanor probation for pot fails a drug test first time for pot.. how much jail time will they get? i was told ten days several times.. is this true? its in florida..
2007-02-27 15:16:05 · 13 answers · asked by pladedah 2 in Politics & Government ➔ Law Enforcement & Police
It's whatever your probation officer says. In Nebraska it's 30 days I believe. Your PO should've told you what probation violation's held for punishment when you were put on it. If you're told ten days by people IN the system especially, then it's ten days.
2007-02-27 15:19:34 · answer #1 · answered by Ace 1 · 1⤊ 0⤋
State laws differ with regard to maximum sentence on the intial charge. differences in consequences for violations of probation (like a failed drug test) vary by county and by courtroom. The factors the judge will consider? What is probation's recommendation? What's your criminal history? What is your attitude? Are you complying with other terms and conditions of probation? Are you paying your fines and fees? Are you employed? Are you attending any counseling or classes that were ordered by the Court or to which you were directed by Probation? All that gets thrown into the mix.. and the Court will choose a consequence he feels is appropriate... within the norms established by the local courts. In some counties, you'd get a slap on the hand. In other's? 30 days...
2007-02-27 16:37:24 · answer #2 · answered by Amy S 6 · 0⤊ 0⤋
Depending on the state you're writing out of, you don't say your age either. Unless you're on probation or a parolee, I say no. You just won't get the job. School? I don't know what's the latest on that either. Some universities and colleges are starting to suspend financial aid if you have any kind of arrests/convictions for drug offenses. In others, it can also be a stumbling block into getting admitted to the colleges or universities. I'm here in Los Angeles, where the educators are starting to take a serious look at this epidemic, that also includes if you're drinking!!!! I have yet to hear of an individual going to jail for failing a pre-employment drug test or random drug testing as part of the job. If you refuse to take the random drug test as part of the job, they can fire you, because you signed a contract, as part of your employment. If in doubt, consult an attorney who specializes in labor law, wrongful termination, or employment law. Good luck.
2016-03-29 03:47:08 · answer #3 · answered by Hilary 4 · 0⤊ 0⤋
My disclaimer first: I don't prosecute in Florida.
In my jurisdiction, a misdemeanor probationer who tests positive for MJ is not likely to get any additional jail from the judge. Usually they are ordered to undertake an updated chemical dependency evaluation which takes into account continuing use. They are ordered to follow the recommendations of that evaluation which range from court-ordered Narcotics Anonymous attendence to inpatient treatment.
Although jail typically is not ordered by the judge on a first violation, we generally arrest and hold that person for at least one day before they can get infront of judge.
So at least one to two days of stayed (probationary) jail are vacated by the judge, the probationer is given credit for that time, and then released under new conditions of probation.
2007-02-27 17:35:57 · answer #4 · answered by snowdrift 3 · 0⤊ 0⤋
It depends on the judge, how much probation you have and how much time was suspended. IF the judge is in a 'bad mood' and you had 2 years suspended from your original sentence and he gave you probation rather than jail time the first time...he can say, "violation of probation, give him the suspended 2 yrs as sentence"
That's worst case scenario, but my view is expect the worst and HOPE for the best!
2007-02-27 15:21:10 · answer #5 · answered by fade_this_rally 7 · 0⤊ 0⤋
30 days
2007-02-27 15:19:12 · answer #6 · answered by zach 1 · 0⤊ 0⤋
That "someone" need a lawyer, friend. A lawyer will get that plead down to nothing.
Who's administering the test? Is it a part of conditional release earlier? So on and so forth. Need lawyer!
2007-02-27 15:20:24 · answer #7 · answered by Kasey C 7 · 0⤊ 1⤋
of course every court is different. How long have you been on probation? If less than a month screw them.... they cant tell you to be clean back when you werent on prob. Anyways be sure to be clean on your next on ok?
2007-02-27 15:19:44 · answer #8 · answered by shane w 1 · 0⤊ 0⤋
it depend on the ,jubge, if he say gave you a years, then let you out on probation, you going to spend year, ,
2007-02-27 23:35:07 · answer #9 · answered by ghostwalker077 6 · 0⤊ 0⤋
The entirety of your sentence that you are on probation for.
2007-02-27 15:19:00 · answer #10 · answered by Lisa A 7 · 1⤊ 0⤋