Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

My son is on probation for a DUI charge last year. He failed

My son is on probation...
My son is on probation for a DUI charge last year. He failed his drug test for pot this month. Will he go to jail?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 5 minutes by:
6/2/2013
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,316
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Verified

JD 1992 :


Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.


JD 1992 :

There is no way to give you a yes or no answer on this. I am willing to discuss it with you if you would like, but no one can give you an absolute yes or no.

Customer:

He has an appt with his atty this week. His court date is late in June.

Customer:

I thought I'd ask if it was mandatory jail. He doesn't give it a priority.

JD 1992 :

The answer to this question depends on the judge. Some give them one chance and on the second they will revoke probation, others are more lenient.

JD 1992 :

What he probably wants to do is talk to his lawyer about offering to get some kind of substance abuse counseling, more intense than what is standard, to try and avoid jail.

Customer:

Well, he didn't hurt anyone. He was actually under the DUI limit, but Ohio can charge you now even if under.

JD 1992 :

But no, jail isn't mandatory.

JD 1992 :

A lot off states are lowering their limits.

Customer:

Well substance abuse counselling might be what he needs. I wish he would have got his act together before this happened. This type of conseling is not covered by insurance.

JD 1992 :

There may be some free counseling available through the state.

JD 1992 :

There often is.

JD 1992 :

If he avoids jail this time then the judge will almost certainly send him if there is any kind of further problem, even minor.

Customer:

Well maybe he needs to promise something or even go to jail. Hate to say it.

JD 1992 :

He is definitely pushing his luck at this time. It sounds like counseling or some form of rehab may be the best thing for him.

JD 1992 :

How old is he?

Customer:

All his friends are graduating from college, and he is still screwing around with pot. He is 24.

Customer:

He is still on my insurance, until 26.

JD 1992 :

He definitely needs to take this seriously.

JD 1992 :

The lawyer may even want to suggest he do a few days or a week in jail and then get reinstated.

Customer:

Yes, I believe that is what the judge will say. That is what I say. He had 1 violation for not getting a requirement done on time.

Customer:

What does reinstated mean?

JD 1992 :

Put back on probation.

Customer:

What if he is going to counseling before he goes to court. Would that help. At least that is covered by insurance.

JD 1992 :

Talk to the lawyer about that.

JD 1992 :

Sometimes it is better to start and sometimes not, depends on the judge.

Customer:

I know he won't go to a rehab place to stay there. Can the lawyer ask for another test, if there is anything irregular with his lab result?

JD 1992 :

Yes, although the judge doesn't usually take the request very seriously because he hears it so much. If the test was irregular it is worth a shot. What you have to be careful of is that the judge doesn't think he was taking something to clear up before the test.

Customer:

I know that he was taking something to clear up. I don't know what they found on the test, only that he failed.

JD 1992 :

Sometimes it shows up as being adulterated.

Customer:

He works as server in a nice restaurant. He drinks and not supposed to and he smokes pot. Not uncommon for young people, but you are not supposed to do that when on probation. He feels he should not have been charged, and has an attitude. That attitude will land him in jail.

JD 1992 :

It absolutely will.

Customer:

Well, we will find out at the end of the month. If he needs to go to jail, then so be it. Thanks for your help. He should probably be in counseling for the attitude, more than the pot.

Customer:

I will give you an excellent rating thanks.

JD 1992 :

That wouldn't hurt, but it may all be connected.

JD 1992 :

Thanks much and best wishes to you and your son.

Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,316
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Verified
Dwayne B. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,316
34,316 Satisfied Customers
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I have been subpoenaed to appear in court as a witness for
I have been subpoenaed to appear in court as a witness for the prosecutor in a domestic violence case involving my son. I didn't call the police or press charges. I am a hostile witness. Do I have to … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,063 satisfied customers
Is it grounds for dismissal in court for a state trooper not
is it grounds for dismissal in court for a state trooper not certified on a datamaster for dui … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
The court has sent me instructions on how to respond to
The court has sent me instructions on how to respond to summary judgement. I am not sure how to follow this format? Please Advise?… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
85 satisfied customers
Would it matter for law suit and court purposes if the eeoc
Would it matter for law suit and court purposes if the eeoc did not gather sworn testimonies… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
85 satisfied customers
In requesting the appellate court for reconsideration I
In requesting the appellate court for reconsideration I guess that I have to provide the court with three motions— 1) to request a recall of the mandate or perhaps an appeal of the mandate2). Motion f… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,720 satisfied customers
The 2255 motion has been denied by the District court. The
The 2255 motion has been denied by the District court. The certificate of appeallability was also denied. Due to circumstances beyond my control - I submitted a bare bones Motion to the appeal late co… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,720 satisfied customers
I missed court yesterday...this is the second time ive
I missed court yesterday...this is the second time ive missedcourt i went to jail 3 months ago for missingcourt … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
If a person was not court ordered to do community service
If a person was not court ordered to do community service and they forge the hours is it a felony … read more
QuickEasyLegalHelp
QuickEasyLegalHelp
81 satisfied customers
I remember getting a document at the court house following a
Hi again I remember getting a document at the court house following a search once called an affidavit In Support of Search. I'm wondering if I can go into the county and ask for it today without havin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If a CJA (court appointed private attorney) is representing
If a CJA (court appointed private attorney) is representing a defendant and ignores the defendant's information and evidence provided after several months yet insists he's preparing for a trial and re… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What does it mean if on the court website under the case it
What does it mean if on the court website under the case it says "HEARING SET 11/16/2018 AT 8:00 FOR BRD IS VACATED. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have court in january for traffican and sales of meth. And
I have court in january for traffican and sales of meth. And i do not have a lawyer … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
When an inmate is in custody he or she appears in court and
when an inmate is in custody he or she appears in court and is mandated to drug rehab after time served by the court..What exactly is in order of the inmate … read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
My son was arrested August of 2016 went to court and was
My son was arrested August of 2016 went to court and was sentenced. He had another outstanding warrant in East Baton Rouge parish at the time. He went to court n EBR, was arraigned and also sentenced … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
If the original charges in the general district court
If the original charges in the general district court (possession of Marijuana with intent to distribute) were reduced from felony to misdemeanor and listed as nolle prosequi (not prosecuted) then apa… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
85 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was received a summons today to appear in court in court
Hello! I was received a summons today to appear in court in court for harrassment. My landlord was supposed to give me back my security deposit , and kept giving me the run around. On the last of many… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
How much is cost submitting court paper to court? Is it in
How much is cost submitting court paper to court? Is it in mail? By messenger? Has to be in person? Please tell me each cost in New York.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x