Legal Question in Criminal Law in Mississippi

Re: failed drug test

The best person to answer your hypothetical question is your defense attorney. Also, I would strongly recommend getting some help from AA with your addiction before you get back into trouble.

Re: failed drug test

Most likely, when you were originally sentenced, the Court imposed a fine and sentenced you to serve time in jail. If that is the case, it is likely that a part of the fine may have been "suspended" with that portion of the sentence being "suspended" or "temporarily excused" based upon your successful completion of a twelve (12) month probationary period. It is not uncommon for part of the fine to be "suspended" as well as the sentence to jail. If you fail the drug test you do not "pass" your probationary terms and therefore the sentence which was previously "suspended" may be "invoked" and you would then be required to pay the additional sums as a fine (if applicable) as well as serve the time in jail previously "suspended" or temporarily excused. In some cases an experienced criminal defense attorney is able to convince the Judge that your probationary period should be extended rather than to incarcerate you with the understanding that if you should fail to complete the remainder of the probationary period the sentence of incarceration would immediately be imposed.