How long can a person be held in jail for a probation violation? 10 Answers as of June 24, 2013

How long can a person be held in jail for a probation violation even after the fact that he has completed one program but didn't complete the rest for another program?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
For as long as the maximum sentence for the offense of which they were convicted.
Answer Applies to: California
Replied: 6/24/2013
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
If a person violated his probation the judge can revoke the probation and he could serve out the time on his sentence that was suspended when he got probation.
Answer Applies to: California
Replied: 9/26/2011
Law Offices of George Woodworth & Associates
Law Offices of George Woodworth & Associates | George Woodworth
Well, technically a person could be held in custody on each charge for the rest of the jail time he could have received. For example, a 2nd DUI in California carries a maximum of one year in the County Jail. If the Defendant has only done, let's say, three days in jail when he goes on Probation, then he still has 362 days of jail hanging over his head which he can get if he falls off Probation. Thus, it is very important to determine IF there is a valid probation violation or not, and then even if there is one, then to settle this problem with the DA. A good, experienced can help you do this, and can help you avoid serious jail time. Get an experienced Attorney!
Answer Applies to: California
Replied: 9/26/2011
Law Office of Daniel K Martin
Law Office of Daniel K Martin | Daniel K Martin
If a person has been convicted of a felony and they violate probation they can be sentenced to prison for the aggravated term. This means the answer to your question depends on the charge they were convicted of. If a person was convicted of a crime that carries a punishment of 16 months, 2 years, 3 years, then the maximum time they can be incarcerated for is three years. If the person has been convicted of a crime that carries a longer term, then the maximum term is much longer.
Answer Applies to: California
Replied: 9/26/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
They can hold you until the balance of time is served out. For example, if the original charge you plead to has a 1 year max, and you've only done 2 months, then they can keep you in custody for another 10 months (when all the time will have been used up).
Answer Applies to: California
Replied: 9/26/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Everyone is different; it depends on how much time you had hanging over your head when you were sentenced. Based on the facts you've laid out, it sounds like your violation is minor and that, hopefully, you can just be revoked and reinstated so you can finish the other program.
    Answer Applies to: California
    Replied: 9/26/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Until he has served the entire time that he could be incarcerated for on a misdemeanor. On a felony, generally not more than a year in county jail.
    Answer Applies to: California
    Replied: 9/26/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    It really depends on what the original charges and conviction was for.
    Answer Applies to: California
    Replied: 6/21/2013
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    The maximum sentence for a probation violation is the maximum sentence for the underlyingcrimeso if the crime is a misdemeanor domestic violence or drunk driving for example, the statutory maximum is one year county jail. If the person is convicted and on probation for a felony, it depends on which felony it is and also how many felonies he is on probation for. If you are asking whether someone can be kept in custody after they have finished their sentence post-conviction for a probation violation, he cannot be kept in custody any longer than the sentence pronounced.
    Answer Applies to: California
    Replied: 9/26/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    For the entirety of the original sentence tho they rarely do that. Usually 30 days. If probation and not parole. If parole up to a year.
    Answer Applies to: California
    Replied: 9/26/2011
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