How long can you be kept in county jail if you violate probation? 29 Answers as of July 12, 2013

How long can the county keep you in jail for felony probation violation without a court date? What is the legal time frame to go into court?

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
As far as I know there is no magic timeframe, but if you have not gotten into court in at least a couple of weeks, have a lawyer check with the judge's office to see what is going on. If you are there too long, you can always file motions to get a hearing right away or else be released. Seek out an experienced criminal defense attorney to assist you in such a matter.
Answer Applies to: Michigan
Replied: 8/31/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Generally they can hold you for 5 days without getting an indictment ,if the charge is a felony. They must present the case to the grand jury and get an indictment within 5 days.
Answer Applies to: New York
Replied: 6/16/2011
Anderson & Carnahan
Anderson & Carnahan | Stephen Anderson
It depends on what you are on probation for.
Answer Applies to: Colorado
Replied: 7/12/2013
Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
Generally 72 hours.
Answer Applies to: California
Replied: 7/12/2013
Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
In Oregon where I practice, a person can be held in custody for no longer than 14 days without a courtdate. If he or she can't get into court within the 2 weeks, the judge must release the person. The pv won't be dismissed in most cases but the person is released from jail.
Answer Applies to: Oregon
Replied: 6/14/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    There is no "time limit" but if the attorney files a motion, it can be forced within 45 days.
    Answer Applies to: Texas
    Replied: 6/13/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    There are time limits for getting to a trial. Speedy trial laws can apply, and they vary for misdemeanors and felonies. Your attorney should file a motion if there is a delay which lets you languish in jail without a Court date. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 6/10/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    For the length of your probated sentence.
    Answer Applies to: Montana
    Replied: 6/10/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    30 days per violation.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You must be brought before the court on the violation as soon as possible to be heard on the violation. If the court finds a violation has occurred, the Judge may impose any jail or prison sentence previously stayed. The stakes are high and you should retain legal counsel.
    Answer Applies to: Minnesota
    Replied: 6/10/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Ultimately, for the length of the original sentence. Immediately, it is a criminal charge that requires you be brought to court for arraignment on the probation violation within 3 court days, not counting weekends and holidays. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 6/10/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    You should be arraigned on the probation violation within a reasonable time. There is no real concrete definition of a reasonable time. Generally, a person is arraigned within 48 hours depending on the court's availability.
    Answer Applies to: Michigan
    Replied: 6/10/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You need to retain a law firm of our caliber to represent you in defense of the Violation of Probation charge.
    Answer Applies to: New York
    Replied: 6/10/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You will be arraigned on the probation violation and can make bail, unlike a parole violation where there is no bail. You can have an attorney run a bail hearing at any time. You will face the sentence that you could have originally gotten on the crime that you were convicted of or plead to.You may sit in jail for 30 days or so until the court holds a probation violation hearing unless you waive the gearing and plead to the violation. If it was a serious violation r a new arrest you are likely to do a year or more in jail. If it was just dirty urine, or a missed probation meeting with your probation officer the court may just impose sanctions or warn you.
    Answer Applies to: New York
    Replied: 6/10/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    A felony probation violation can result in the revocation of the probation originally granted. You could be held for the entire original sentence, less any time you may have served on the sentence prior to this time. Once the original sentence has been satisfied, the court must release you.
    Answer Applies to: Kansas
    Replied: 6/10/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You may be kept in jail until the Court sets a probation revocation hearing.The time you can be kept in jail cannot exceed the maximum amount of time you could be sentenced to for the offense for which the state is seeking to revoke your probation.
    Answer Applies to: Alabama
    Replied: 6/10/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Depends on your state. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
    Answer Applies to: Alabama
    Replied: 6/10/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    In Oregon, the first court appearance on a probation violation needs to be held within 72 hours of arrest whenever possible. After that, the client has a right to a hearing on the matter within 14 days of the arraignment on the probation violation. That right may be waived if the client and counsel determine they need additional time to deal with the violation accusations. The actual jail sentence on a felony probation violation depends on the presumptive sentence for the original charge. Probation violations on felony cases are very serious and an attorney should be consulted.
    Answer Applies to: Oregon
    Replied: 6/10/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    It depends on the original sentence. They can go back and sentence you to that.
    Answer Applies to: Utah
    Replied: 6/10/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Sorry, there is no magic time frame on a probation revocation to bring you to court. Bond should have already be set and/or your lawyer may be able to get you in sooner but no x days is the max.
    Answer Applies to: Nebraska
    Replied: 6/10/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    As a practical matter, you will likely be held until the matter is set down for a revocation hearing, at the judge's discretion. You should talk with your family about retaining a criminal lawyer. Good luck!
    Answer Applies to: Georgia
    Replied: 6/10/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    I am unaware of a time limit on a probation hold, but filing a speedy trial motion on the new charge could expedite the process. Otherwise, if you serve the complete sentence, and are not released, Habeas Corpus is the petition you file. Stay well.
    Answer Applies to: Alabama
    Replied: 6/9/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Usually not more than72 hours at most. Call a local defense attorney if it goes any longer than that. Good luck.
    Answer Applies to: New York
    Replied: 6/9/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Usually they try to get you a hearing on the matter within a week or two. There is no set time limit but it can't be unduly delayed.
    Answer Applies to: Michigan
    Replied: 6/9/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    In Colorado when you're arrested, you're brought before a magistrate/judge usually within 24 hours and told of your next court date. If you're not in Colorado, I don't know how long you may have to wait.
    Answer Applies to: Colorado
    Replied: 6/9/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    It depends on the State. In Texas, if one is accused of violating deferred adjudication probation, then upon a request for a hearing, a hearing must be set within 20 days. Now, this is not always in the best interest of the accused - some times sitting in jail for a while cooling one's heels is the best way to go to get a reinstatement.
    Answer Applies to: Texas
    Replied: 6/9/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Until the term available to the court has expired. If you were in jail for 30 days and the court can put you there for 365, then you have 335 left to be in jail.
    Answer Applies to: California
    Replied: 6/9/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    The police must present you to a judge at the earliest possible day the court is in session. The police cannot hold you indefinitely without a court order
    Answer Applies to: Connecticut
    Replied: 6/9/2011
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