What is the penalty for drug possession while on probation?

Drug possession charges while on probation can result in immediate revocation of probation. The violator may be ordered back to prison if the probation was in lieu of an original jail sentence. Individuals must be compliant with all guidelines established for the probationary terms. Most probation terms are based on the underlying charge. Therefore, someone originally arrested on a DUI or other alcohol related charges may be required to refrain from imbibing alcoholic beverages. The individual may be required to not be around alcohol at all or risk being in violation of probation. Most probationary restrictions include not committing subsequent crimes. As drug possession is a criminal offense in all states, it would be considered a probation violation. Additionally, if the original crime was drug-related, the restrictions may specifically prohibit use and possession of drugs except those that are medically authorized.

Probation violations may also include non-criminal infractions such as failing to appear for meeting with a probation officer, not consistently checking with the probation officer or failing to inform the probation officer of a change in address. Failing a random drug test is another violation.

Probation Violation Penalties

Typically, probation violations result in the offender's probation being revoked and sent back to jail to serve out the original term. Additionally, the judge may impose more stringent probation restrictions. Fines may be imposed as well.

If the first violation is a minor one will hold lesser or fewer penalties than in the case where there are multiple or continued offenses.

The testimony of the probation officer is pivotal in determining what penalties will be given.

Talk with an attorney regarding drug possession charges while on probation.