If I am on probation and I get arrested on a new case, will I go to jail? How long will I go to jail?
Whether the person will go back to jail is a decision the original judge makes, based on the probation officer's recommendation and all the facts and circumstances of the case. It is a situation where advocacy by a good lawyer can make the difference between jail and freedom.
If the person is convicted of possession of drugs, the highest possible penalty is one year for a first offense and three years for a subsequent offense.
The original judge may also sentence the person to jail for a direct violation of probation. That sentence can be served at the same time or consecutively.
The best thing to do is to retain an attorney. The second best thing to do is to get the person immediately into a detox or rehab program, or, if there are financial/insurance issues, then get the person to regular NA meetings.
Also, it is important not to hide from the probation officer. Nothing upsets judges and probation officers more than a person who screws up and then compounds that mistake by absconding from probation.
Labels: arrest, penalty, probation, sentence