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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Legal
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Experience:  Almost 12 years of legal experience
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My brother was killed in an automobile accident and the person

Customer Question

My brother was killed in an automobile accident and the person was charged with misdemenor death by vehicle. If he is on probation is this breaking the probation and i head he tested positive to drugs how does this change his charges
Submitted: 6 years ago.
Category: Legal
Expert:  Hammer O'Justice replied 6 years ago.

If he tested positive for drugs, his probation officer can request an arrest warrant from the judge for violating his probation. Once he is arrested, a violation of probation hearing can be held. If the judge finds beyond a preponderance of the evidence that he violated his probation, he can receive a sentence that is up to the amount that was suspended in lieu of probation (ie if he received a 10 year suspended sentence, he can get up to 10 years, and so on).
Customer: replied 6 years ago.

will he serve any time for the misdemenor death by vehicle and is it the law to attomatically test him for drugs and shouldn't the police officer be able to get those records

Expert:  Hammer O'Justice replied 6 years ago.
If he violated probation, it is likely he will get at least some jail time, depending on how strict the judge is about his probations. Random urinalysis is usually a condition of probation. The police officer would not have access to probation records.

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