Laura....there is a good chance (and I mean chance..) that the judge will give him jail time anyway. In the situation with my 21 year old son....he violated his probation (by testing positive many many times), the judge told him to cooperate with his probation officer and get enrolled in a drug rehab. He did as he was told. He had his appointment set for a long term program and then had to go back to court to inform the judge. Well guess what! The judge decided he had enough of him. He informed my son that Probation didnt want him anymore! They had given him enough chances and decided it was time for tough love. They handcuffed him and led him away....just like that! I was left standing in the courtroom with my mouth hanging open....in shock. We thought that he would be on his way to recovery in a program...instead he sits in jail. (Minimum security facility but still jail!) He will be released from probation once his jail stint is over. My point is...you never know what route the judge will take. It all depends on his probation officer and how he has been doing with him/her. If it's just a tobacco issue...I really dont think they will put him in jail. If it's more than you are aware of...different story. I also tried to stay in the loop with his probation officer and she wouldnt even talk to me. Once they are over 18 they wont talk to you.