My friend got his 3rd owi with the last 2 being 24 years ago. His total sentence is 6 months. He is serving 4 in jail and 2 tethered. How can he get 2 years of probation after that 6 months if the total sentence was 6 months? Isn't probation in loeuof jail time? Not sure he had the best lawyer and asked me to reach out to someone to see how is that possible.
Probation is not in lieu of jail, or jail in lieu of probation. Oftentimes there will be a period of incarceration with a longer period of jail to keep the defendant under the supervision of the court. For your friends charge, a months-long period of jail followed by a lengthier period of probation is not uncommon. It might be possible to have the sentence modified, but no guarantees.
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