The judge will determine what will happen based on your specific case. Whether the question is about you or someone else the judge has the ultimate decision about a failed drug test while a person is on probation.There are several things the judge will take into account with regards to the failed drug test during your probation.
If it is a first offense drug arrest, then your probation officer may assume command. Most probation officers have heard every excuse in regards to why a drug test failed. A good PO will ask you about your life, characteristics, and just try to get to know you. They tend to write everything down as this is what they hand in to the judge regarding your case and behavior.
The judge will be made aware of the failed drug test and consider what the PO has to say. The judge may leave it up to your PO to determine what happens, such as another surprise drug test. The judge will always have the ultimate decision; therefore the judge may add time to the probation, make you go back to jail or enter a rehab program.
It is best to keep clean and not fail a drug test, but if it happens consider what was said during the decision on your probation. For some there may be a document signed stating any failure would add another six months to the probation period.
In most cases a judge is more lenient on a first offense as long as a person has been a model citizen and there were no other factors such as someone getting hurt because of the drug use.
This is why the punishment or lack of it is decided by the judge based on the case particulars. If this is due to a real failure it is best to talk with your lawyer to see what they feel may happen.
If it is a first offense drug arrest, then your probation officer may assume command. Most probation officers have heard every excuse in regards to why a drug test failed. A good PO will ask you about your life, characteristics, and just try to get to know you. They tend to write everything down as this is what they hand in to the judge regarding your case and behavior.
The judge will be made aware of the failed drug test and consider what the PO has to say. The judge may leave it up to your PO to determine what happens, such as another surprise drug test. The judge will always have the ultimate decision; therefore the judge may add time to the probation, make you go back to jail or enter a rehab program.
It is best to keep clean and not fail a drug test, but if it happens consider what was said during the decision on your probation. For some there may be a document signed stating any failure would add another six months to the probation period.
In most cases a judge is more lenient on a first offense as long as a person has been a model citizen and there were no other factors such as someone getting hurt because of the drug use.
This is why the punishment or lack of it is decided by the judge based on the case particulars. If this is due to a real failure it is best to talk with your lawyer to see what they feel may happen.
