possession/probation violation

[lilbit76]

What is the name of your state? Georgia
My best friend was originally convicted about two or three years ago with intent to distribute weed. He was sentenced to 5years probation he violated his probation by failing his drug test in January 2008. He left the probation office before they told him the outcome of him failing the drug test, because of this the probation officer set out a warrant for his arrest. in February 2008 he was at his friends house, his house was invaded by police "investigating a armed robbery"- the owner of the house sells weed and thus hid 2 bags of weed in the toilet- my best friend unknowing went into the bathroom- accompanied by a police officer- when the officer lifted the lid to allow my friend to pee-they found the weed. My friend was arrested because of the warrant, giving a false name, and possession. at the preliminary hearing the detective testified and said that he read my friend his Miranda rights before he said it was his. Regardless of it being his or not, the case still stands that he said it was his. What kind of time is he looking at and what defense can he use because his public defender claims there's nothing she can do.

[FlyingRon]

Your friend is already in trouble for persistant violation of his probation. Associating with known drug dealers is further stupidity on his part.

These possession charges are felonies. He's looking at 1-10 years. If he had some of his sentence suspended on the original charge, it's quite likely the judge will reinstate the jail time. I also think it's unlikely that he'll get any break on probation in lieu of incarceration on the second seeing his abysmal failure at probation in the past.