QUESTION
Can you be sentenced to prison for a probation violation?
Asked on Dec 30th, 2013 on Criminal Law - Michigan
More details to this question:
It occurred in Michigan. The max he was looking at was a year in county. The judge threw it out and sentenced him to prison.
3 ANSWERS
Michael J. Breczinski
I need to know the underlying charge in order to answer this question. What did he plead guilty to? Was he on probation for any other crimes?
Answered on Jan 02nd, 2014 at 3:03 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If probation is revoked, the judge can re-sentence you up to the maximum amount allowed by law for the offense that placed you on probation. If the probation is for a felony, then prison is possible. If the offense is a misdemeanor punishable by no more than one year in the county jail, then the judge cannot sentence you to prison.
Answered on Jan 02nd, 2014 at 2:43 PM
Small Businesses Attorney serving Livonia, MI
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Yes you can. The original penalty is always possible regardless of the plea deal.
Answered on Jan 02nd, 2014 at 2:00 PM