What are the consequences for a violation of misdemeanor probation?

Question

My fiance was placed on 6 months misdemeanor probation for old fines (90 days suspended).  She has now been on probation for 13 months and has continuously paid her fines, probation fees, and passed every urinalysis.  She recently caught 2 charges false pretense and petit larceny.  The false pretense charges were pressed by her family and are to be getting dropped.  Due to these charges she has violated her PO.  Is there any chance that she could possibly be kept on probation or have to do time in the county jail?  If she has to do time how long would it be?

Timothy Byrne · Answer

That decision is left up to the Court.

Austin Hirschhorn · Answer

You don't explain why your fiance has been on probation for 13 months if she was only sentenced to 6 months probation.  I will therefore assume that she has already violated that probation and the judge extended the original 6 month probation.    

One of the usual conditions of probation is that the probationer not get any new charges.  Since this has happened I assume that her probation officer has filed a petition with the court telling the court that your fiance has violated her probation.  

It not only is possible that the judge might send her to jail for the balance of the extended term of her original probation but probable since she doesn't seem to be able to stay out of trouble.    

After the probation violation is dealt with she will probably have to deal with the new charges unless the new case is in the same court as her probation violation and the judge consolidates the new cases with the existing case.

George Derieg · Answer

She could be kept on probation. This all depends on the probation officer and the district attorney. It also depends on the charges she is on probation for.

Michael J. Breczinski · Answer

If she is violated she can do up to the maximum for the crime which she is on probation for minus any time already served.

Jared Winter · Answer

When you violate probation, the judge can incarcerate you for up to the maximum allowable time for the charge you are on probation for.  It can be anywhere from no time to the max.  Your fiance needs a lawyer.

Herschel Bullen · Answer

As I understand your question, she was given a sentence of 90 days in jail, which was suspended upon her successful completion of probation. 

She therefore could be subject to serving the full 90 days, although with her good track record and the amount of time which has gone by, the court may not feel that it is worthy of imposing the full sentence.  

The consequences of probation violations are generally up to the sentencing judge to assess the seriousness of the violation and determine what the consequences should be.

Gregory Casale · Answer

The consequences for violation of probation are the same consequences for conviction of the crime for which the person was placed on probation. The person obviously committed a crime of some sort to be ordered to be placed on probation and to pay fees or fines. You say she had a 90 day suspended sentence. If that is the case, most judges will automatically put her in jail for the term of the suspended sentence. When she received that sentence, the judge was essentially saying was... "I think you deserve 90 days of jail time for your offense. However, for whatever reason, I am going to give you a break and suspend that sentence. If you violate probation, you will serve your time." More often than not, she will just get the suspended time. I have successfully been able to have defendant's reprobated (return to the probation, just like it was before you caught the new charges), but it is not an easy sell. Hire a good attorney who knows how to manage the case and you may avoid doing the time.

Francis Cowhig · Answer

Whether your fiance will be kept on probation or have to do time in the county jail will depend on exactly what she was charged when she was placed on probation, the disposition of the judge who originally sentenced her and whether the new charges are actually dropped by the D.A.  I suggest that she contact her original attorney, if she had one, contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding her case.  He/she would then be in a better position to analyze you case and advise you of your options.

Dennis Roberts · Answer

She can do up to the 90 days which were suspended. I'd have to know more about  what court and who is the judge if it is in Alameda County to give you a better  answer. She might be able to do the time on a bracelet.

Eric Sterkenburg · Answer

The judge may revoke and reinstate her probation without jail time. He may revoke and reinstate the probation with jail time. He may revoke the probation and send her to jail for the time that was suspended (90 days) less credit for time served.

Larry Dunn · Answer

A judge will hold a hearing to decide whether to revoke probation entirely   and impose the 90 day suspended sentence, impose a portion of the suspended   sentence or reinstate probation without imposing any jail.

Jeff Yeh · Answer

Just being arrested alone is enough to cause a PV, even if the charges are ultimately dismissed. If she wants to stay out of jail her best chance is to have a good lawyer go to court, first to prevent a warrant, and second to do a good PV hearing on her behalf.

Mark Smith · Answer

They will probably change the probation to a suspended sentence. The   problem is if she is a probation violator she could be held for a hearing.

Terry Nelson · Answer

Probation violation can result in revocation of probation and return to jail to serve the full balance of time originally sentenced.  It is up to her attorney to argue and negotiate for her restoration of probation at the court hearing.

Leonard A. Kaanta · Answer

It depends on the probation officer and the judge, your could be facing jail time for the violation plus any penalty for the crimes committed.

Steven Alpers · Answer

I would expect at least 90 days, if 90 days were suspended.

Kevin Ellmann · Answer

If the new charges are dropped, the probation revo should be withdrawn as well.

James Osak · Answer

It would depend on what your lawyer could negotiate with the prosecutor's office. You do have a lawyer don't you?

Dennis P. Mikko · Answer

If she is found guilty of a probation violation, the actual sentence will be up to the discretion of the court.  It is difficult to predict what that might be.

Patricia Corrales · Answer

Well, the 90 days that were previously suspended can be imposed as a result of your fiance's failure to comply with her probationary terms by her recent criminal activity.  Thus, she could serve the entire 90 days plus whatever she could face as a result of her new charges.  It maybe beneficial if you make an appointment to consult with a criminal defense attorney.

Bernal Ojeda · Answer

It's a clear violation court could give her jail time or just reinstate probation with warning. Jail time could be the max sentence on her initial conviction.

Stephen Richards · Answer

You will need to contact an attorney in person to answer these questions.

Mark Bruce · Answer

Yes, even dismissed charges can be the basis for a probation violation because the standard of proof on a violation is more probable than not; the standard on a case that goes to a jury is beyond a reasonable doubt.  Much of whether she gets more jail time depends on the county she's in and the judge she's in front of.  This is not something she should handle on her own.  She needs a lawyer-either a private one or a public defender.

John Patrick Yetter · Answer

This is too complicated for an easy answer.  Her situation involves a "law violation" of probation meaning a new offense. In that situation, if it is proven, her suspended jail time may be required.  Her criminal history comes into account, as does her previous violation (though less so because it is a non-law violation).

Stephen Hebert · Answer

In the event the defendant is convicted of any charge, the court will have no choice but to revoke the defendant's probation and make the suspended sentence executory.  However, in light of good time calculations and/or other work release programs usually made available to defendant?s convicted of misdemeanor charges, the actual time served will be about half of the suspended sentence.  It should also be noted that the defendant should be given credit for any and all time already served from the date of the initial arrest to present.

John Brennan · Answer

Form your question it would appear that her initial sentence was 90 days, suspended if she satisfactorily completed her probation.  Although there can  be lesser ramifications for violation, and it appears that she is still on probation, probably for not clearing the fines, she has now caught two more charges and can be sentenced to the original 90 days in jail.  She should engage an attorney.

Thomas Edward Gates · Answer

I lack sufficient information to information to answer your question fully. You state that your fiancee was placed on 6 months probation, but yet you state she is has served 13 months probation. You need to look at the sentencing documents to understand the sentencing range for the offense. The judge may impose the full extent of this range. Generally, there will be a hearing to explain the new violation. Based upon this information the judge may elect to not add to the imposed sentence or they may provide additional terms to the original sentence, since one of the original terms was to have no further law violations.

Timothy Klisz · Answer

Yes, up to 93 days on the violation of the original misdemeanor. She should hire an attorney ASAP.

Robert De Groot · Answer

If she served 13 months probation, this exceeds the original probationary period by more than double. She needs an aggressive criminal defense attorney in Florida. She will be held without bond on a violation of probation warrant. She could spend the rest of her probationary period in the county jail, but her probation should have already been terminated, according to the facts you write

Gary Russell · Answer

One condition of any probation is to not commit any crimes.  The fact that a probationer is charged with a crime, even if not convicted, is universally considered to be a violation of the terms of probation.  So yes, she will most likely will be notified to appear for a probation violation hearing and could be found to be in violation.  As a result, the court could discharge her from probation dissatisfactorily, impose additional probation (with additional fines and costs) or even sentence her to jail.

Bruce Arthur Plesser · Answer

You can get anything from re in statement to max jail on original charge.

Mark R. Thiessen · Answer

She could either do jail or be kept on probation.  You really need to hire an attorney to fight the new cases and the motion to revoke probation.

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