Asked in Criminal Law for Tennessee

Q: How much jail time do I get for failing a drug test on community corrections on a 4yr sentence 1st violation

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1 Lawyer Answer
Jon David Rogers
Jon David Rogers
Answered
  • Criminal Law Lawyer
  • Hendersonville, TN
  • Licensed in Tennessee

A: Generally, when someone violates a community corrections sentence, the original sentence COULD be put into effect. In a CC sentence, there IS credit for time served on probation (aka "street credits"). I say could be put into effect, because it is possible if your PO and the judge are willing, you could be placed back into CC.

The bad news is, at least in my experience, this is uncommon. Generally a CC sentence is considered the "last chance" prior to incarceration and violating on CC has almost always, again, in my experience, resulted in a sentence being put back into effect.

Big factors are going to be the nature of the violation, your relationship with your PO, by that I mean your performance on probation up to this point and your willingness to make amends.

Based on what you have said, a lot would depend on what you tested positive for (pot is generally treated much more leniently than say cocaine or meth). Did you immediately disclose what happened to your PO? Have you been good on probation other than the failed drug test? What was the original charge for which you received the CC sentence? And what jurisdiction are you in? (Nashville and Memphis generally don't have the time or resources to be as tough as many suburban counties)

I'd suggest hiring an attorney with criminal law experience to assist you. You do not want to go to prison for the balance of 4 years...I'm sure I don't have to tell you that, LOL.

Anyway, I hope that helps a little. Please let me know if I can answer any other questions for you.

Best of Luck.

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