How long will my boyfriend stay in jail for violating probation? 26 Answers as of September 19, 2012

My boyfriend is in custody for violating probation. He was caught hanging out with someone that also has probation.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Richard Williams
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
Replied: 9/19/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
As long as the judge says he has to.
Answer Applies to: Michigan
Replied: 9/19/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
He could remain in jail for the remainder of his original sentence if the judge revokes his probation.
Answer Applies to: Kansas
Replied: 9/14/2012
Law Office of Eric Sterkenburg
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
Replied: 9/14/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
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
Replied: 9/14/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Until the judge sees him. When you hire a private attorney the time in jail on a violation is substantially less in many cases.
    Answer Applies to: Florida
    Replied: 9/14/2012
    Lawrence Lewis
    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
    Replied: 9/14/2012
    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
    Replied: 9/14/2012
    The Barrister Firm
    The Barrister Firm | Christopher Benjamin
    Generally speaking, he will remain in custody until his probation violation hearing.
    Answer Applies to: Florida
    Replied: 9/14/2012
    Joneson & Michael, LLC
    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
    Replied: 9/14/2012
    Selleck Legal, PLLC
    Selleck Legal, PLLC | Stacey Selleck
    Typically for violation of a misdemeanor the maximum sentence can be 93 days.
    Answer Applies to: Michigan
    Replied: 9/14/2012
    Timothy J. Thill P.C.
    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
    Replied: 9/14/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    That is entirely up to the judge. It could mean a return to jail or prison to serve the remainder of the original sentence.
    Answer Applies to: California
    Replied: 9/14/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Up to the original charges maximum jail time. Get him a lawyer asap.
    Answer Applies to: Michigan
    Replied: 9/14/2012
    Law Offices of John Carney
    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
    Replied: 9/14/2012
    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
    Replied: 9/14/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    In NH, it really depends on which court, what he did to violate probation and his criminal record.
    Answer Applies to: New Hampshire
    Replied: 9/14/2012
    Beaulier Law Office
    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
    Replied: 9/14/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    He will have a hearing to determine what if anything he did to violate his probation and then he will be sentenced.
    Answer Applies to: Nebraska
    Replied: 9/14/2012
    Langford Law Firm
    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
    Replied: 9/14/2012
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    Depends on the county, depends on whether it was formal or informal, depends on the probation officer, depends on what he was doing when he was caught. Could be a weekend. Could be six months or more.
    Answer Applies to: California
    Replied: 9/14/2012
    Gates' Law, PLLC | Thomas E. Gates
    Depends on the terms of his probation. Could be the maximum allowable for the particular offense.
    Answer Applies to: Washington
    Replied: 9/14/2012
    Toivonen Law Office | John Toivonen
    Most of the time when a Defendant violates probation he receives some jail time. As to how much time, that would depend upon his criminal record. I have had clients who have received no time, 3 days, and even 3 years.
    Answer Applies to: Michigan
    Replied: 9/14/2012
    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
    Replied: 9/14/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It depends on whether it is misdemeanor or felony probation. With felony probation the max is 30 days per violation.
    Answer Applies to: Washington
    Replied: 9/14/2012
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney