Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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If you fail a drug test while on misdemeanor probation, the most common happenings include:
In cases involving probation modification or revocation, a judge will likely hold a probation revocation hearing to determine that you did in fact violate the terms of your probation. Upon this finding, the judge may:
Note that some common misdemeanors that may result in probation include:
Possibly, yes. A probation officer might warn you not to use drugs again if you fail a drug test while on misdemeanor probation. This is especially true if it is your first drug test failure.
If a warning is issued, a note of it usually goes into your probation file. If you fail a subsequent test, your penalties will likely increase.
State laws typically authorize probation officers to impose community service hours for a failed drug test. This is a likely occurrence for a first time or second time drug violation.
In general, community service is when a probationer performs hours of unpaid work in a neighborhood or community.1
These hours are usually performed at a volunteer group approved by your county.
It could. If you fail several random drug tests during a probationary period, the failures may indicate you have a drug problem. As a result, a judge or probation officer may order you to complete a drug rehabilitation program.
Depending on the facts of the drug test failures, you could have to complete either an inpatient program or an outpatient treatment program. If the latter, you can complete it while also attending work and/or school.
Possibly, yes. Sometimes one or more failed drug tests is evidence that a probationer is suffering from mental or emotional trouble.
If a probation officer finds this to be the case, you could have to attend counseling to help with an underlying illness or drug issue.
Possibly, yes. If you failed a drug test, or the failure was combined with the commission of certain drug crimes, a judge could decide to modify your conditions of probation. This typically means that a judge will impose additional conditions or make your existing conditions more severe.
A judge can also decide to revoke your probation. If this takes place, the judge usually orders you to serve any suspended sentence in county jail.
If you violate a term of your probation, a judge may hold a probation violation hearing to determine if you did, in fact, violate a condition of probation. This can occur for defendants serving either misdemeanor probation or felony probation.2
During this hearing, a prosecutor has the burden of showing, by a preponderance of the evidence, that you violated a probation term.3 If a prosecutor shows that you violated probation, most jurisdictions say that a judge may:
A judge technically can impose jail time as a penalty for failing a drug test while on probation.
In fact, the court could sentence you to jail for up to the maximum term of the conviction offense.
Note, though, that you will not likely see a jail term if you failed a single test and have a relatively clean criminal record.
Your chances of going to jail will increase if you:
Yes. As with a criminal trial, you have the right to be represented by a criminal defense lawyer at a probation revocation hearing.
An experienced defense lawyer can help you present evidence to show that you did not violate the terms of your condition.
If a judge finds that a violation occurred, an attorney can try to persuade the judge to reinstate your probation terms or otherwise keep you out of jail.
Note that most criminal defense lawyers and law offices/law firms provide free consultations. This means you can get legal advice at no cost.
Further, the communications between you and your lawyer are protected by the attorney-client relationship. As a result, a lawyer cannot disclose your confidences without first getting your consent.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.