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Worriedmom48 · Jul 10, 2010, 10:15 AM

My son was arrested for selling drugs to an undercover officer. He was given 5 years probation. He has completed 3 1/2 years of it. He has failed a drug screen, failed to report for further drug screens after making an agreement for weekly drug screens, hasn't been checking in or visiting he probation officer for the last couple of months or a little more, and I don't think he has done very much if any of his community service. He feels there is a warrant out for his arrest, but not 100% sure. What are the chances of him getting off on further probation or will he serve jail time or prison time? If prison or jail. How long could the sentence be?

Fr_Chuck · Jul 10, 2010, 10:21 AM

I would say that there is little chance of no jail time. His best chance, hire an attorney NOW and turn his self in. He will be in jail while he awaits a hearing, but hopefully his attorney can work a deal for him.

But it is very ( very) possible that he will have to do at least a few months in jail or prison to remind him why he should be on probation.

But the longer he does nothing, and if he waits for them to catch him, it will be worst

twinkiedooter · Jul 11, 2010, 10:55 AM

Originally Posted by Worriedmom48

My son was arrested for selling drugs to an undercover officer. He was given 5 years probation. He has completed 3 1/2 years of it. He has failed a drug screen, failed to report for further drug screens after making an agreement for weekly drug screens, hasn't been checking in or visiting he probation officer for the last couple of months or a little more, and I don't think he has done very much if any of his community service. He feels there is a warrant out for his arrest, but not 100% sure. What are the chances of him getting off on further probation or will he serve jail time or prison time? If prison or jail. How long could the sentence be?

There probably is a warrant out for him as I am sure by now he has been violated by the PO. You need to get a copy of his final disposition paperwork (sentencing paperwork) and re-read the part about being put on probation and if the probation is violated what sort of punishment the Judge had in mind the day he was originally sentenced. When he comes before the same judge for his VOP the judge will refer to his "notes" that he placed in the court file so he can sentence your son appropriately. He could be facing doing his original sentence in it's entirety if that's what the judge notated for himself 3 1/2 years ago. There is no excuse for not checking in, there is no excuse for failing a drug test, there is no excuse for not doing community service. The Judge will sentence him accordingly and it probably won't be more probation as your son has proven he can't follow the rules of probation. Best to get him a lawyer to help out on this one.