QUESTION
What would happen to someone who was arrested for felony while on probation?
Asked on Sep 18th, 2013 on Criminal Law - Illinois
More details to this question:
What could someone who was already on probation for domestic violence be facing if he is now arrested for a felony narcotics charge? He has violated once before but has never had a drug charge. Also, he intended to run when the cops first questioned him and was then battered by them and taken to the emergency room. Would that make the matters worse?
5 ANSWERS
Michael J. Breczinski
Yes there is a good chance that that person will be violated and jailed.
Answered on Sep 23rd, 2013 at 2:34 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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The person is in violation of the probation for the DV. The judge can revoke the probation and sentence him to jail/prison on the DV case. In addition, he is charged under the new crime (narcotics charge) and if found guilty, can be sentenced to a prison term on that as well.
Answered on Sep 20th, 2013 at 5:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, yes and yes. Probation violation is generally punished by revoking it and having the violator serve the original sentence. He will be prosecuted on the additional charges, and his resisting and priors will result in an enhanced sentence.
Answered on Sep 20th, 2013 at 1:07 PM
Children Law Attorney serving Albuquerque, NM
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Law Office of Jay R. Mueller
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Running from law enforcement pretty much makes matters worse. What is also worse is that this is not from what you describe the first violation. In my experience, judges are seldom likely to grant a request to be continued on probation especially if the probation officer is not willing to go up to bat for the offender in lieu of these circumstances.
Answered on Sep 20th, 2013 at 1:05 PM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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The probation might get revoked in favor of a jail sentence. Get a lawyer to possibly stop that from happening.
Answered on Sep 20th, 2013 at 1:02 PM