COURTLAND—A Franklin man will serve five years in prison after he was convicted of violating probation related to charges of drug possession and credit card theft.

Rico Ivey, 30, also was placed on eight years probation and will be sent to a therapeutic community while being incarcerated.

According to court records, Ivey was released from prison on June 2, 2009, and reported to a parole office in Franklin two days later.

Records state Ivey never provided proof of regular employment and he did not complete community service hours required in lieu of paying restitution.

Ivey’s attorney, Paul Fritzinger, argued on Tuesday in Southampton County Circuit Court that his client should be placed in a Salvation Army drug rehabilitation program instead of prison to help him deal with his addiction.

“Incarceration will not keep him from doing drugs,” Fritzinger told the court. “Right now he’s not actively using drugs, and now is the time to get him into a treatment program.”

Commonwealth’s Attorney Eric Cooke argued that the Salvation Army program was not adequate for this case.

In all Ivey was found in violation of probation on four counts each of credit card theft and credit card fraud, and one count of possession with intent to distribute cocaine.