A man who avoided prison time after admitting to smoking methamphetamine with a teenage girl will serve a jail sentence for violating his probation.

District Court Judge Jeffrey Donnell sentenced 30-year-old Joshua Michael Hoyt to six months in the Albany County Detention Center to be followed by four to five years in prison. Those sentences will run concurrently, but Donnell will consider a motion for sentence modification after Hoyt enters a treatment facility for his drug addiction.

Court documents show Hoyt pleaded guilty to felony child endangerment in February 2015, for smoking methamphetamine in August 2014 with a girl who was 17 years old at the time.

The original sentencing order called for Hoyt to serve four years of probation, but Hoyt’s probation agent filed a petition for probation revocation on Feb. 10. The petition says Hoyt tested positive for methamphetamine during a Feb. 9 urinalysis – just one of seven total violations. In addition, the probation officer says Hoyt didn’t show up for a required urinalysis Jan. 29, and admitted to using methamphetamine on that day.

Defense attorney Vaughn Neubauer said Friday that Hoyt had trouble getting into a residential treatment facility after he was sentenced last year, but asked Donnell to give Hoyt another chance at dealing with his addiction.

“Boy, it’s a lot harder to get someone into treatment than it used to be,” said Neubauer.

“It is very clear to everybody that he has a profound drug problem,” said Neubauer. “Mr. Hoyt has recognized he’s got to get off the drugs.”

Neubauer said Hoyt has been accepted for treatment at Peak Wellness. Once a date for Hoyt to enter the facility has been set, Donnell may modify Hoyt’s sentence to allow him to transfer to the treatment facility.

“I would prefer you to deal with your drug problem rather than sit in prison,” said Donnell.

“I hope you get it right this time, Mr. Hoyt. My hopes are not high, but I hope you prove me wrong,” said Donnell. “This is your last chance.”

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