Legal Question in Criminal Law in Georgia

I was convicted of misdemeanor simple battery last November. I was sentenced to one year of probation and random drug testing through a color system. I failed a drug test in March from using cold medication ( nyquil ) because it contains alcohol. I served 15 days in jail and reinstated back to original probation with continued drug testing. I may have failed again because I had a few beers and got hit with the etg test a few days later. This will be my second violation. My probation ends Nov. 28 2013. Will I be hit with new charges? I heard the 2nd violation you serve 45 days? Also can If I were to do the reaming 3.5 months in jail will I get 2 for 1? What calculations do you figure? Thanks in advance for the info.

Asked on 8/05/13, 12:15 am

1 Answer from Attorneys

Martin Hilliard Martin G. Hilliard, PC

You will be given a probation revocation hearing more likely than not and will probably go back to jail....,Depending on bed space, what your probation officer tells the ADA and the Judge, will determine how much time you may serve. In most cases, it's up to the jail to determine the 2 for 1....not the courts. Depends on the county in Georgia too...

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Answered on 9/13/13, 10:03 am

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