Law Office of Richard Williams | Richard Williams
It depends on the length of the sentence imposed by the court. If the court revoked his probation in full he may serve the entire length of the imposed original sentence. If it is a partial revocation, he will only serve the amount of the partial revocation imposed.
Answer Applies to: Alabama
Law Office of Eric Sterkenburg | Eric Sterkenburg
If a person violates probation it is up to the judge to decide how long he spends in jail. When granted probation your boyfriend was first sentence to time in jail. For probation that sentence was suspended. Your boyfriend could be sent to jail for the remaining time on the suspended sentence.
Answer Applies to: California
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
As long as the judge, whose sentence he violated, decides.
Answer Applies to: Pennsylvania
Lawrence Lewis | Lawrence Lewis, PC
Your boyfriend is not in jail because he was at church, local voluntee organization or homeless shelter with another person on probation. Hanging out means drinking, being out after hours, all while offering excuses for why he has not gone to the recommended programs, or caught up with his fines.
Answer Applies to: Georgia
Hamblin Law Office | Sally Hamblin
I am not sure if he is in jail on new charge or violation of probation. Generally, the probation officer must serve him with probation violation charges. But a probation hold or detainer must be on him if he is not on a new charge or been sentenced on the violation. Based on just what you said, it is surprising a probation officer is holding the guy in jail because of the association rule. There must be more to the facts.
Answer Applies to: Michigan
Joneson & Michael, LLC | Rachel A. Michael
The length of a jail sanction for a probation violation depends on the basis of the violation (technical or new law violation) and the type of charge from which the violation originates. All individuals accused of a probation violation are entitled to notice and hearing.
Answer Applies to: Colorado
Timothy J. Thill P.C. | Timothy J. Thill
That does not sound like a reason to violate probation, however, if a true violation of probation occurs, your friend is facing any sentence that was available to the court before he was placed on probation, and that certainly includes jail time, as virtually every criminal case carries jail time, as a potential sentence. He had better hire competent counsel in that case, if a viable VOP is filed against him.
Answer Applies to: Illinois
Law Offices of John Carney | John Carney
He is entitled to a probation violation hearing which usually takes place after a month. If he is found guilty the judge can give him whatever jail sentence was possible for the crime that he was given probation for. If he takes a plea the judge can extend probation, give him a jail term, or sentence him to time served.
Answer Applies to: New York
Reza Athari & Associates, PLLC | Seth L. Reszko
Unfortunately, it is not clear. The Judge might have imposed the underlying sentence against your boyfriend that had been initially suspended in order for him to complete the probation. If that is the case, your boyfriend will probably not have to serve the entire time b/c he could be eligible for good behavior while in prison and be released much sooner than the actual time that he was sentenced to serve.
Answer Applies to: Nevada
Beaulier Law Office | Maury Beaulier
A Judge may impose all or any part of jail time previously stayed for a violation of probation. As a result, the answer to your question depends on the underlying charge, the stayed sentence, the nature of the violation and the Judge.
Answer Applies to: Minnesota
Langford Law Firm | Theresa Langford
That depends entirely on the outcome of the revocation hearing. His APO will have significant influence in the outcome, as will his original charge, his other conduct while on probation, the length of time he has been on probation, the nature of the violation and the expertise of his attorney.
Answer Applies to: Texas
Mary W Craig P.C. | Mary W Craig
Your boyfriend can stay in jail until he finishes his original sentence. For instance, if he got a 2-year sentence, and did not serve any time in jail for that 2-year sentence, if he violates his probation, the judge can send him to jail for 2 years. None of the time he's spent on probation will count against the sentence, but if he was in jail for awhile, he'll get credit for that time in jail.
Answer Applies to: Alabama