Texas  |  Criminal Law

Legal Question

Asked on: 10/25/11, 8:22 pm

I was on probation for class b misdemener marijuana charge and then didn't pass my drug test and my probation was revocted and was sent to jail. What is the max the judge can exert?

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Answered on: 10/25/11, 9:41 pm by Keith Engelke

The longest the judge can send you to jail for is the length of the probated sentence. If you were sentenced to 4 months and received probation, then the longest you can be sent to jail, is the 4 months, less any time served after arrest and prior to conviction.

If you received deferred adjudication probation, you will have to be sentenced. The maximum time for a class b misdemeanor is 180 days. This does not mean the judge will give you that much time. He just can't give you more..


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Law Office of S. Keith Engelke 2313 Lockhill Selma Road #224 San Antonio, TX 78230

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Answered on: 10/25/11, 10:11 pm by Robert Tuthill

Just to add to the other answer, probation on a class b marijuana case, if not deferred, is normally the maximum sentence of 180 days in jail probated for a period of time, usually between 9 and 24 months depending on criminal history and jurisdiction. So whether on deferred or "straight" probation, you are likely looking at a maximum sentence of 180 days in jail, but the odds of that are low, depending on your history and the facts surrounding your case and the jurisdiction you are in. As long as I have been a lawyer, I have never had a client who was on a probation get maxed out for failing a drug test. I must stress, however, that this is very fact specific and results can vary greatly from one county to another. I strongly suggest you consult with your lawyer about your specific case and the jurisdiction you are in.


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