QUESTION
How much time would my son get for a probation violation?
Asked on Nov 04th, 2012 on Criminal Law - Colorado
More details to this question:
My son has been in jail for almost a month awaiting a court date on November 13th. His original sentence was three-year probation. He was picked up on a warrant for not reporting to his probation officer. Can you give me an idea of his fate? I am so stressed I have made myself sick.
6 ANSWERS
Michael J. Breczinski
It depends on the underlying crime he is on probation for and why he did not report.
Answered on Nov 09th, 2012 at 5:08 AM
John J. Carney
If he was put on probation and did not comply with the terms the judge will either give him a jail sentence of 90 days, 6 months, or a year, or continue him on probation. If you do not go to the probation appointments you are asking to go to jail, but if he is young and does not have a bad record perhaps the judge will just give him time served or a few months and he will not have probation after he serves the sentence. People will often not appear since they know they will test positive for drugs or because they abscond.
Answered on Nov 06th, 2012 at 9:15 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Unfortunately, I cannot say because I do not have enough information. In any event, how much time your son does, is ultimately up to the judge.
Answered on Nov 06th, 2012 at 2:46 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The maximum would be the rest of the probationary period in jail. You should hire private counsel to represent him.
Answered on Nov 06th, 2012 at 2:45 PM
4 Awards
I have almost the same case on the same date in Montgomery County. I am not sure what your son's original offense was, but there are also a ton of other factors that go into this like who the Judge is, how long it was before he violated, any other violations, etc. You need to talk with a good lawyer familiar with all the facts to get a good estimate.
Answered on Nov 06th, 2012 at 2:42 PM
If your son does not have other significant criminal contacts and this is his first probation revocation, they will probably allow him to reinstate his probation and try again. This time be sure he goes!
Answered on Nov 06th, 2012 at 2:41 PM