I’ve failed a drug test for marijuana twice and I’ve been ordered to appear in court, is there a chance that I won’t go to jail?

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I’ve failed a drug test for marijuana twice and I’ve been ordered to appear in court, is there a chance that I won’t go to jail?

This is my first violation. I was assigned 16 hours community service. I’m on probation for

possession and driving under suspended license.

Asked on October 24, 2016 under Criminal Law, Georgia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is a chance you will not go to jail for a failed drug test... but it will depend on the recommendation of your probation officer and the beliefs of your judge.  Many jurisdictions will simply ship you off to a treatment plan (inpatient or outpatient) to get you back on track and to help you quit using.  Some judges will give you a pass if you come clean, admit you used, and attend AA/NA for a few months.  Other judges will sanction you with some jail time (a couple of weekends) to get your attention...but then put you back on probation.  If you have a real hard nose judge, then he could revoke your probation completely.  However, more and more jurisdictions will opt for the rehab approach before they resort to revocation.  You will have a chance at a better result if you simply own up to what the test result already tells them... that you used marijuana.  If you are concerned that you cannot speak for yourself, hire an attorney to help talk for you. If you don't express your desire to rehab, then the judge may feel like he doesn't have any other option but to revoke your probation. 


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