QUESTION

Will my boyfriend remain on probation if he violated probation?

Asked on Oct 29th, 2013 on Criminal Law - California
More details to this question:
My boyfriend recently violated his probation by not showing up to his court date, which was to show a progress report to the judge regarding his domestic violence classes, N.A. classes and community service completion. He turned himself in approximately one month later. Is it likely that his probation officer will allow him to remain on probation?
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7 ANSWERS

John J. Carney
Retain a good criminal lawyer as that is a serious violation of probation and he might get a jail term of a year, a few months, or longer if it was a felony probation.
Answered on Nov 11th, 2013 at 6:18 AM

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PO makes a recommendation. Court decides.
Answered on Oct 31st, 2013 at 11:51 AM

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Michael J. Breczinski
That is up to the probation officer and the judge.
Answered on Oct 31st, 2013 at 11:50 AM

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Domestic Violence Attorney serving Orange, CA at Law Office of James Gandy
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Like many of the questions here, this cannot be completely answered; to answer it properly, one would need more information. It is possible that your boyfriend will not be sent to jail and, the judge will simply continue his probation. This depends on numerous factors, including, but not limited to: Where is this (some courts are more lenient that others)? Has he completed any, some, or most of the classes, community service, etc.? Does he have any good excuses for not having completed the required classes? Why didn't he appear (once again, he will need a very good excuse)? Any one of these factors could change the outcome. Additionally, there are other factors that could affect the outcome as well.
Answered on Oct 31st, 2013 at 11:50 AM

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Criminal Defense Attorney serving Charlotte, NC
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That would depend on the judge, not the probation officer. The probation officer can have a recommendation but there is no guarantee the judge will follow it. It really just depends on how far along he is on probation, the judge and other circumstances. They can extend, terminate, revoke or keep the same, but each situation is very fact specific.
Answered on Oct 31st, 2013 at 6:48 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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The probation officer can only make recommendations to the court; the judge is the one who has the final decision on what sentence to give. They could continue him on probation and either extend his probation, add to his conditions, or give him some jail time. They can also revoke his probation and then he could be resentenced up to the maximum for the original offense. He could also be in danger of losing any deferred sentencing status that he had as well if he was given that. Each judge handles these matters differently and it will also matter if he has ever had any previous violations or not. He should seek out and retain an experienced criminal attorney in his area that handles probation violations because this could have serious consequences.
Answered on Oct 31st, 2013 at 6:48 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Having probation reinstated is a good possibility, but it will be up to the judge and the recommendation of his probation officer.
Answered on Oct 31st, 2013 at 6:27 AM

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