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Can A Judge Put Me In Jail If I Test Positive for Marijuana While On Probation?

Question: I was convicted of DUI in Georgia about 8 months ago. I had to do 12 months of probation. I just tested positive for pot and was told the judge is going to revoke my probation. How long can the judge make me go to jail for?

Answer: If you were convicted of DUI 8 months ago and your sentence included 12 months of probation, then the judge can send you to jail for 4 months. That is the balance of your sentence. A judge under Georgia law is empowered to send you to jail for the remainder of your probation, or the judge can send you to jail for a period of time that is deemed appropriate. That can range from not incarcerating you at all to revoking the remainder of the probation.

Each judge is different in that some judges will revoke a longer period of time than other judges. And each judge views the severity of a drug or marijuana offense differently. An important factor is your probation officer. You need to have an attorney negotiate on your behalf with the probation officer to ensure that any sentence is minimized.

Because we are Georgia attorneys, please call us directly at 678-215-4106 to discuss the specifics of your situation and how we can help you.