What happens if you fail a second drug test while on probation?

Get Legal Help Today

 Secured with SHA-256 Encryption

What happens if you fail a second drug test while on probation?

My boyfriend is on probation for 1 year. He had to take a drug test about 2 months ago. He failed it. He already paid the probation charge in the first 3 weeks of probation and he got a job. So today he had to see his probation officer again. He had to take a 2nd drug test and I know that he will fail that one too. Can you please tell me what’s gonna happen now? Is there a possibility he has to go to jail soon?

Asked on November 9, 2010 under Criminal Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, that is a very real possibility here.  He has now violated his probation not once but twice by failing the drug test.  If you violate probation your probation can be revoked and the original sentence instated for you to serve.  I think that your boyfriend should get a crimianl defense attorney in your area to discuss what the possible outcomes of the situation may be and the best way for him to handle things. But yes, he should be prepared to return to jail in the very near future. It is more than likely that he will have his probation revoked and have to carry out his sentence, if not charged here too as well. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption