How long can a state hold someone in jail waiting to be sentenced on a probation violation? 27 Answers as of July 09, 2013

How long can a state hold someone in jail waiting to be sentenced on a probation violation?

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Law Offices of John Carney
Law Offices of John Carney | John Carney
You can be held in jail on a probation violation until the hearing on the charge when the prosecutor must prove that you violated probation. Usually the hearing is held within 90 days of the violation.
Answer Applies to: New York
Replied: 9/2/2011
Ramsell & Associates LLC
Ramsell & Associates LLC | Donald Ramsell
A person can be jailed up to the maximum sentence that he or she originally faced on the charge for which the person was originally sentenced.
Answer Applies to: Illinois
Replied: 9/1/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
There is no time but I think that the statute that says you have to sentenced within a year of ajudication or the court losed it's power to sentence applies.
Answer Applies to: Michigan
Replied: 9/1/2011
Connell-Savela
Connell-Savela | Jason Savela
Statutes say one thing, some judges, DAs and probation officers think it means something else. In Boulder, the judges think the law says a probation violation for a new charge can be held without bond for 5 days. The statute does not say that. I have a good motion on the issue. I think it is ripe for a civil rights law suit. I am working on that right now.
Answer Applies to: Colorado
Replied: 8/31/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
I do not believe that there is a set time. A probation revocation should be held within a reasonable time. Otherwise, a writ of habeas corpus or a motion to dismiss the revocation should be filed.
Answer Applies to: Alabama
Replied: 8/31/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    There is no specific time limitations for holding someone on a criminal charge. Your specific case facts will help determine how long is too long. You should consult with an attorney.
    Answer Applies to: Kansas
    Replied: 8/31/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    In general, there is not set rule. Adjournments can cause delays. However, without an arraignment, a delay can be grounds for a hapbeaus motion. An attorney should be hired to review the specific facts in your case.
    Answer Applies to: Michigan
    Replied: 8/31/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    A defendant must be brought to court to be advised within 72 hours of his arrest. However, there is no set time after that the court must conduct the revocation hearing.
    Answer Applies to: Colorado
    Replied: 8/31/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    That would be 14 days.
    Answer Applies to: Michigan
    Replied: 6/9/2013
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    It depends on the circumstances. Anyone charged with a probation violation has a right to council. If the process is being delayed, there may be ways to speed up the process. However, it depends on a person's particular circumstances. My advice would be to either retain a lawyer or ask the court to appoint you one.
    Answer Applies to: Michigan
    Replied: 8/31/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    In Alabama, if it is a technical violation and not a new charge then only 90 days. If there is a new criminal charge, then the person can be held until the criminal charge is resolved.
    Answer Applies to: Alabama
    Replied: 8/31/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    In Oregon you have a statutory right to have a hearing on your probation violation within 14 days if you are in custody. If the state can't give you the hearing, then you must be released. If, however, you've already been found in violation for the allegations, there is no right to a speedy sentencing (your question specifically mentioned sentencing) so you can be held not indefinitely but for considerably longer than 14 days, subject, of course to the maximum possible sentence for the crime you are on probation for. I would really recommend speaking to an attorney about the specifics of the case.
    Answer Applies to: Oregon
    Replied: 8/31/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    There is no definite time period in this instance.
    Answer Applies to: Michigan
    Replied: 8/31/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Does that mean you have already been guilty and are just waiting on the sentence for the PV? That is unusual as they almost always take place immediately after being found guilty. It's possible to wait up to a few weeks for a hearing on a PV but that would be at the most. If you have an attorney, have him look into the matter as to why it is taking so long if that is the case.
    Answer Applies to: Michigan
    Replied: 8/31/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    A person in this situation should have an attorney. The attorney can file a Motion asking the Judge to set a bond that would allow the defendant to be released from custody pending further Orders of the Court.
    Answer Applies to: Missouri
    Replied: 8/31/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    The state must conduct a revocation hearing within 60 days from arrest or the case must be dismissed for lack of speedy trial as a violation of a person's Sixth Amendment rights.
    Answer Applies to: Arkansas
    Replied: 8/31/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    They can hold the defendant indefinitely, but not to exceed the maximum term of the original sentence, for example, one year for a misdemeanor offense. However, in almost all cases, they hold a hearing within 60 days at the most.
    Answer Applies to: Illinois
    Replied: 8/31/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Usually within a few days, but theoretically they can hold you until your probation time is all used up. For example, if what you plead to have a maximum of 6 months in jail, and you previously served no time, then the entire 180 days is at the disposal of the Judge, and any time you spend in custody awaiting a hearing is credited against the 180.
    Answer Applies to: California
    Replied: 8/31/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It depends upon the charge.
    Answer Applies to: Washington
    Replied: 7/9/2013
    Shane Law Office
    Shane Law Office | Robert J. Shane
    The law requires that you be brought in front of the judge within a reasonable amount of time on a probation violation. The case needs to be scheduled before the sentencing judge by your attorney at the earliest available date.
    Answer Applies to: Minnesota
    Replied: 8/31/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    They have a right to a probation evidentiary hearing within 14 days.
    Answer Applies to: Minnesota
    Replied: 8/31/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    The state can hold a person for 7 days without bail. After that the person is entitled to bail or hearing.
    Answer Applies to: Minnesota
    Replied: 8/31/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    For the balance of the time left on probation.
    Answer Applies to: Georgia
    Replied: 7/9/2013
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    If the person makes a request for a hearing, then s/he is entitled to a hearing within 20 days. Generally people do not do this because some times it is best to sit in jail (take your punishment) and then the judge will release the person back on the probation. This works many times. There is no set time limit but as long as they are sitting in jail, they are getting credit towards their final sentence in the event that they are revoked.
    Answer Applies to: Texas
    Replied: 8/30/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Up to the maximum sentence in district court.
    Answer Applies to: Washington
    Replied: 8/30/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Theoretically until the maximum possible sentence has expired. In practical terms, an individual is not going to sit in county on a vop sentencing for too long unless it is by agreement of the state, the defense and the judge in an effort to avoid time in prison, because the defense has requested more time ore because there are pending open cases.
    Answer Applies to: Florida
    Replied: 8/30/2011
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