QUESTION
Is there a chance that my son could get reinstated on a probation violation?
Asked on Nov 09th, 2012 on Criminal Law - Florida
More details to this question:
When someone serves there original sentence on a probation violation and when they are released, are they finished with probation? Is there a chance that my son could get reinstated on a probation violation? His original sentence was 3 years formal probation on a drug felony charge. He did not report to his probation officer. He has been in jail now for over a month and his court date is Nov. 13th. How much longer would he have to serve if they revoke his probation? And, would he stay at the same facility?
10 ANSWERS
Michael J. Breczinski
That is up to the judge at the sentencing for the probation violation. The court can send them to prison, just give them some jail and then terminate probation, jail and more probation or just reinstate them on probation.
Answered on Nov 14th, 2012 at 2:52 AM
Dennis P. Mikko
If the court decides to revoke his probation, they could sentence him as allowed under the sentencing guidelines. Time served would be credited against any sentence he might get.
Answered on Nov 10th, 2012 at 4:02 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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When Probation is closed or terminated, it is over. If it has not been closed or terminated, then the Judge could incarcerate him for the unserved/unexpired remainder of the probationary period.
Answered on Nov 10th, 2012 at 4:02 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. First of all, since we do not have all the facts, it is not really possible to answer with complete accuracy. What was his original sentence and charges? Usually, when someone violated by probation the court can do a number of things including revoking probation and imposing the original jail sentence, reinstating probation, extending his probation and adding more probation time, etc. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your son's case. He/she would then be in a better position to analyze his case and advise you of his options.
Answered on Nov 10th, 2012 at 4:01 AM
Criminal Law Attorney serving Novi, MI
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Law Offices of Stephen A. Barker
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All of that is at the discretion of the judge.He could be sentenced to the max, or restored to probation and the terms changed or extended. It all depends on the facts of the case and the persuasiveness of his attorney.
Answered on Nov 10th, 2012 at 3:59 AM
Criminal Defense Attorney serving Columbus, OH
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Law Office of Thomas F. Hayes
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In Ohio, there are a number of options the court could impose. From reinstating his probation, adding additional conditions, which could include local time, terminating his probation, sending him to prison for the original sentence, or sending him to prison with a modified sentence. It likely will come down to what the violation was, who the Judge is, and what options can be created. If he is sentenced to prison he will serve it at the Ohio Department of Corrections in a location determined by ODRC.
Answered on Nov 09th, 2012 at 12:24 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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When you violate probation, your punishment can be anywhere from zero jail time (rare) up to the maximum amount of time you can receive for the charge they are on probation for. That's three years for most simple drug possession felonies. Anything in that range is possible, but to find out what he is likely to receive, you should speak with his lawyer.
Answered on Nov 09th, 2012 at 11:33 AM
John J. Carney
Most people who do not report to their probation officers are young addicts who know that they will not have a negative urine test so they take off or just do not show up. This is of course not a smart or responsible decision, and they will then be violated and do a year in jail usually. You should retain a good criminal lawyer to try to get him an inpatient drug program or a shorter jail term. After he gets out of jail he will probably not be on probation. You should try to get him to stop using drugs before his addiction gets out of control.
Answered on Nov 09th, 2012 at 10:57 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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If your son completed probation and was terminated from the Courts jurisdiction, then he is done with that court. Any new charge would not involve that prior probation. However, if he is still on probation, then a new charge is a violation and the Judge can sentence him on the probation violation. Depending on the specific violation, the Judge can place him back on probation, extend it, give a jail/prison sentence or other possibilities. You should have an attorney represent him to make sure his rights are protected.
Answered on Nov 09th, 2012 at 10:57 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You had better get an aggressive criminal defense attorney for him. He is looking at going to prison for the remainder of the probationary period.
Answered on Nov 09th, 2012 at 10:56 AM