What Will Happen After a Third Probation Violation
My question involves criminal law for the state of: Georgia
I'm on misdemeanor probation for 11 more months for a DUI and I already violated it twice and afraid I might have a 3rd VoProbation soon due to a drug test.
My first violation was from criminal trespassing and i spent 15 days in jail.
My second violation was from failing a drug test where i spent 20 days in jail.
The last time I visited probation I was drug tested and feel like I could be dirty.
I've been going to my drug classes and reporting on time.
My few questions are as followed:
(Don't want "Its up to the judge" or other unhelpful answers)
How many days am i'm likely to spend in jail for the 3rd violation?
Could a warning from my probation officer be issued instead of an arrest?
Could I just be sentenced to drug court instead of serving time?
Could I get a waiver since i'm in my classes for drugs?
What is the average sentence for a 3rd time violator or does it depend on the violation?
Any other information would help, thanks!
Re: 3rd Probation Violation in Georgia
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Determinator
How many days am i'm likely to spend in jail for the 3rd violation?
We don't have any way of knowing. It really is up to the judge. For a third violation, I'd throw you in jail for the rest of your sentence since you obviously aren't capable of complying.
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Determinator
Could a warning from my probation officer be issued instead of an arrest?
For a third violation and second dirty drop? Only if your PO has been getting into your stash.
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Determinator
Could I just be sentenced to drug court instead of serving time?
For a third violation, I suppose anything is possible but it's not likely.
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Determinator
Could I get a waiver since i'm in my classes for drugs?
Since you aren't staying away from the drugs, I doubt it.
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Determinator
What is the average sentence for a 3rd time violator or does it depend on the violation?
It depends on the violation, the court, the underlying charges, the probationer's overall compliance record (yours sucks) and any other number of factors.
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Determinator
Any other information would help, thanks!
But generally speaking, it going to be up to the court/judge. They are not going to be pleased to have you appearing, again, for violating your probation. You might catch them on a good day and they slap your wrist. You could catch them on a bad day and they drop the hammer on you.
You should also, I dunno, stop using drugs. Especially when you are on probation and subject to testing but in general, it's a good idea.
Re: 3rd Probation Violation in Georgia
The weirdest thing is, It is kinda up to the judge. It's no cut and dry answer to your question. considering the fact that you're already up to your third violation, and all three are directly related to restrictions imposed due to your DUI, two will be for the same grounds for supplemental violations, you are not looking good. If you are found in violation of your misdemeanor DUI probation, you could face the 364 days your offense carries. You should be able to count the days that you may have already served into that equation though.
Re: 3rd Probation Violation in Georgia
So if you have already spent 35 days and presumably another day in jail for the initial DWI/DUI arrest, the judge can sentence you anywhere from zero to 328 days in the county jail for this third violation. If I were to take a guess, I'd say 90 days. Good Luck