Originally Posted by Fr_Chuck
Hello, I doubt if the amount of drugs was enough to bring it under a Federal statue of any type. The drugs could be either a city or state crime, most likely a felony, but it depends on how it was found and if they had probable cause to even find them. ( plus untill they send them to a lab and have the verified they can not prove they are drugs yet, only suspect they are drugs.
Local police in GA if they send the drug to the crime lab have about a 3 month wait to see if the drugs are real or not. If the officer on the scene was certified in drug intervention, and had the proper test equipment with him, he could do a on the scene test, but these can only be used to bind them over ( make the arrest) but can not be used to convict in a trial.
They perhaps are goiong to try and use the drug issue ( and going back to jail) as a way to turning him and getting him to say where the drugs came from. ( this is very commom)
And many officers just don't want to take the time and trouble of making an arrest on a small amount of drugs. ( by the time they fill out evidence sheets, arresting and booking forms, take him back to a jail, and go to the hearings, they have the entire rest of thier shift off the streets and in the station doing paper work.
Also you said he got a DUI, for a correct DUI, he would have had to be taken in for a breath or blood test into the police station and not just ticketed at the scene, since normally the field sorbrity tests are not enough for a DUI conviction
And really, no I doubt that this one case for a small amount will send him back to prison ( also what was his orginal arrest for, that can also make a difference)
But if the probation officer had planned on it, they would have revolked it as soon as they found out about it.
It is not like on TV, even if they probation officer picks him up, he would be held pending a court hearing, and then the judge would decide if he should go back to prison or not.