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Question

My son is scheduled for hearing to revoke probation in October...this is the 2nd time he has tested positive for marijuana. He is a student in college and is doing well...and of course we have already paid for 1st semester and have a years lease on a shared apt. He is 19 and now he gets it and is now trying to get the follow up drug treatment counseling, DUI school and plans on having at least 2 more drup test done before the hearing. We are in Fayette County and the last time he was in jail for about 19 days and went through court ordering drug evaluation. What do you think his chances are to be able to complete school this semester. The judge knows it has been a hard 2 years for us as my only daughter died of cervical cancer in August 2007 which has been hard on all of us and I am a single parent prayer and constantly advising my sons to do the right thing.

Submitted: 424 days and 23 hours ago.
Category: Criminal Law
Value: $15
Status: CLOSED
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Fayetteville, Georgia

Already Tried:
We first had a public defender and got 1st offender...hired attorney we still owe for the revokation hearing who seemed quite passive in presenting our circumstances. I sent and email to probation officer asking for grace and mercy for another chance after my son broke down on the phone saying how sorry he was and received 2nd revokation letter Saturday the 20th Sept.

Accepted Answer

The main thing your son needs to be concerned with, is having his probation revoked and serving time in jail, because he is found to be in violation of his probation. Considering this is his second time and for the same exact violation, the court may look for jail. An alternative, would be to ask the court, to place your son in a 30 or 60 day residential treatment facility. His actions show the court, he has a substance abuse problem. It is great that he has made efforts to stay clean and the court will acknowledge this, but the weight it will carry, will be up to the prosecutor and possible the Judge. Unless the Judge reinstates his probation once again, he will most likely miss this semester of school because he will either be in jail or a treatment facility.

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Expert: CrimDefense
Pos. Feedback: 99.5 %
Accepts: 
Answered: 9/24/2008

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