Do you go to jail for refusing a drug test while on probation? - Criminal Law Questions and Answers- LawQA.com

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Do you go to jail for refusing a drug test while on probation?

My boyfriend was caught with a small amount of marijuana and was put on probation. On his last visit with his probation officer, he refused to take a drug test. What kind of time can he be facing?


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If the judge finds that the refusal violated the terms of probation, then he would face whatever time was originally suspended at sentencing. An attorney can assist him with evaluating the states case, any defenses that he might have, and any plea offer that might be made, so that he can decide whether to plea bargain or go to trial. If he were to be found guilty, then an attorney can assist him with presenting mitigation, allocution, and a recommendation for a more lenient sentence. He should 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 his post, then it might be used in evidence against him.

Answer Applies to: Maryland
Replied: 2/26/2013

Answer By Robert Scott

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You could, if your probation is revoked for failure to comply with conditions of probation.

Answer Applies to: Maryland
Replied: 2/23/2013

Answer By John J. Carney
The Law Offices of John J. Carney Esq.
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He could do up to a year on a misdemeanor or whatever the maximum sentence was on a felony, such as 4 years on an E felony.

Answer Applies to: New York
Replied: 2/21/2013

Edward  D. Dowling IV Attorney at Law
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I would need further information to answer. It may depend on what the probation officer recommends to the prosecuting attorney as to what sentence should be.

Answer Applies to: New York
Replied: 2/21/2013

Law Office of Brendan M. Kelly
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He would likely be considered to have been under the influence at the time.

Answer Applies to: Nebraska
Replied: 2/21/2013

Michael Breczinski
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He can get up to the maximum time available for the crime.

Answer Applies to: Michigan
Replied: 2/21/2013

Answer By Marshall Tauber
Law Offices of Marshall Tauber
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He will face a probation violation hearing and will be ordered to submit to drug screen by the Judge on the date of the hearing.

Answer Applies to: Michigan
Replied: 2/21/2013


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He could be sentenced to the maximum sentence for the charge he was convicted of.

Answer Applies to: California
Replied: 2/20/2013


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He is being stupid and his probation is subject to revocation.

Answer Applies to: Massachusetts
Replied: 2/20/2013

Answer By John F Brennan
Musilli Brennan Associates PLLC
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Whatever he was sentenced to.

Answer Applies to: Michigan
Replied: 2/20/2013

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