How long can my son be in jail waiting for a revocation hearing? 17 Answers as of February 07, 2013

My son was arrested in November of 2012. He was accused of shoplifting while on probation.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
They should have had a hearing but may be waiting to see what happens with the shoplifting charge.
Answer Applies to: Michigan
Replied: 2/7/2013
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
It depends on several factors. A lawyer can file a request that the Revocation proceed within 45 days. BUT keep in mind, sometimes there is a strategy that dictates the request should not be filed. By way of explanation - the burden of proof on the Court for the revocation is very low. There is no "beyond a reasonable doubt" standard on a revocation hearing, the State need only prove it is more likely than not that your son violated the terms and conditions of his probation. Accordingly, if the state is seeking a stiff penalty for the violation your son may be better off taking the underlying offense of shoplifting to trial and getting a not-guilty verdict even if he has to sit in jail for a few months to do so. (i.e. if the probation is on a 3rd degree felony which is a 2-10 offense and the shoplifting is for a $40 item which is a fine only offense, and your son has a viable defense on the shoplifting he is better sitting in jail and take the shoplifting to trial first, that way when found not guilty, the revocation goes away.) Of course this all assumes there are not other grounds for the revocation, such as dirty UA, failing to appear for probation meetings, etc.
Answer Applies to: Texas
Replied: 2/6/2013
Ernst & Marko Law Firm
Ernst & Marko Law Firm | Jonathan Marko
It could vary wildy depending on the revocation.
Answer Applies to: Michigan
Replied: 2/6/2013
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
You may want to hire a lawyer, since he should not still being held. We are happy to offer you a free initial consultation to talk about the case.
Answer Applies to: Nebraska
Replied: 2/6/2013
The Law Office of Gregory D. Smith, esq. | Gregory Smith
The court clerk should be able to tell you when court is set. My guess is the attorney representing your son needed time to prepare. He can usually ask for a bond while awaiting a hearing.
Answer Applies to: Tennessee
Replied: 2/6/2013
    William L. Welch, III Attorney | William L. Welch, III
    Perhaps he is waiting to find out the outcome of the new shoplifting charge, because that outcome might directly affect whether he violated probation.
    Answer Applies to: Maryland
    Replied: 2/6/2013
    Gregory R. LaMarca, P.C.
    Gregory R. LaMarca, P.C. | Gregory R. LaMarca
    It depends on the severity of the original crime for which he was placed on probation and the length of any unserved sentence.
    Answer Applies to: New York
    Replied: 2/6/2013
    Hamblin Law Office | Sally Hamblin
    Generally, when the court sets up the date. Over 90 days becomes questionable. Feel free to contact his probation officer. Their job is to take calls from family. He may be sitting in jail also for no bond on the shoplifting which could cause delay in revocation.
    Answer Applies to: Michigan
    Replied: 2/6/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    He can wait for up to six months. IF he has neither made bond on the shoplifting charge, or resolve the shoplifting charge.
    Answer Applies to: Georgia
    Replied: 2/6/2013
    Universal Law Group, Inc. | Francis John Cowhig
    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. A lot will depend on why he was on probation to begin with. If he probation is revoked, he can be sentenced to the remainder of his original sentence.
    Answer Applies to: California
    Replied: 2/6/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Although there is no time limit set on this type of case, he should be subject to the revocation hearing within 1 to three months after his initial revocation court date, or the date of arrest.
    Answer Applies to: Illinois
    Replied: 2/6/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It depends entirely upon the judge and what he is on probation for. A conviction of shoplift has a maximum penalty of 1 year in jail. I suspect if he is on probation for some other crime, the judge could give time for that matter as well.
    Answer Applies to: Washington
    Replied: 2/6/2013
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Depends on what he is on probation for and whether he is on deferred adjudication or straight probation.
    Answer Applies to: Texas
    Replied: 2/6/2013
    Law office of Robert D. Scott | Robert Scott
    Technically, he can be held until he has served all of the time that was suspended on his probation case.
    Answer Applies to: Maryland
    Replied: 2/6/2013
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    He can be held by the court until the hearing date, or - if a bond amount has been authorized - then until such bond is posted.
    Answer Applies to: Missouri
    Replied: 2/6/2013
    Patrick Earl Attorney
    Patrick Earl Attorney | Patrick Owen Earl
    The court can keep him for the amount of time that is suspended on the underlying charge that he is alleged to have violated. Or The amount of time that the statute says that Judge can give a person for the type of violation he is facing.
    Answer Applies to: Washington
    Replied: 2/6/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    He could be sentenced to up to the maximum on the underlying charge (the charge that got him probation in the first place).
    Answer Applies to: California
    Replied: 2/6/2013
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