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What can happen if a person violate his probation a second time?
Anonymous5 views4 answers
My husband had to report to his probation officer and tested positive for pcp/drugs in urine and she sent him to jail. This is the second time he has been incarcerated for this issue. He was already attending drug & alcohol program three times a week and reporting to probation officer once a week. What could be the outcome this time around?
You should consult with a lawyer right away. Generally speaking, it sounds like he will be facing jail time and probably more than he did last time for a violation.
He could and likely will sit in jail pending his Gagnon hearing. He could end up being sentenced to all of his back time what ever that may be. He would also not get any credit for his street time. As others have said he needs counsel to assist him.
Your husband needs an experienced, local criminal defense attorney to evaluate the issues. There are a lot of factors that will determine what happens with your husband's probation including the nature of his probation, other violations, the probation officers input, his relationship with the Judge, etc. It is likely that your husband will remain in custody until his Gagnon hearing.