How long will my fiance stay in jail for a probation violation? 49 Answers as of June 19, 2013

How long will my fiance stay in jail for a probation violation and should I try to bond him out?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
That depends upon the sentence the judge gives him .
Answer Applies to: New York
Replied: 10/28/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
The answer to that question is dependent upon the original sentence your fiance was given and the Judge who will make the decision about the penalty for violating the probation.
Answer Applies to: Kansas
Replied: 10/5/2011
Levine & McHenry LLC
Levine & McHenry LLC | Matthew McHenry
It depends on the nature of the probation violation, what the underlying criminal offense is, and whether your fianc has a history of other probation violations. The law requires that he be brought before a court within 14 days of being arrested on a probation violation. Your fianc may wish to accept the sanction of the court and/or probation officer-this could involve additional incarceration time, or may not, again depending on the nature of the violation. Your fianc may also wish to contest the allegations-this would likely take longer, and you might consider bailing him out. In any case, your fianc needs to have an attorney defending him.
Answer Applies to: Oregon
Replied: 10/5/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend your boyfriend retain an attorney to assist you with this matter. If your boyfriend needs specific legal advice for his particular circumstances, he should consult privately with an attorney. He is presumed innocent until proven guilty. As with the original criminal charge, your boyfriend has certain rights. His rights include the right to a hearing, the right to council, even court-appointed council if he cannot afford an attorney, and the probation officer would need to prove the allegations. Speaking generally, sentences for convictions related to probation violations could range from prison time, termination of probation, or just small fines and costs. The key issue here is the underlying charge and whether there was an agreement for jail-time as part of his original sentence when he was convicted. Some judges, for example, inform defendants that they will serve a period of jail if they are ever convicted of a probation violation. Further, if he was convicted of a felony, the judge would look at his original sentencing guidelines. The bottom line is that he needs an attorney. Convictions for a probation violation in certain situations may result in substantial prison time. y.
Answer Applies to: Michigan
Replied: 10/5/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
That is impossible to answer without knowing a lot more of the facts. What is he on probation for and what type of violation did he commit? It also will depend heavily on who the judge is and what if he has any prior probation violations. If you think his probation will be extended and he won't be sentenced to any additional jail time, then it would probably be wise to bail him out. If you think that the judge will give him some additional jail time as punishment, then he should stay in to build up jail credit. You really need an attorney who is more familiar with the facts of the case to give you that answer. If he does not have an attorney then he should retain one really soon.
Answer Applies to: Michigan
Replied: 10/5/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    It will depend on what the underlying sentence was and the nature of the violation. You may not be able to bond someone out on a probation violation.
    Answer Applies to: Michigan
    Replied: 10/4/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    If he is being held waiting for an admit/deny hearing, that is usually held within 7 days. If he has denied and is waiting for a contested hearing, and bail has been set, there is no set time he has to be released by at least until he has served the full time hanging over his head on probation.
    Answer Applies to: Minnesota
    Replied: 10/4/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There is normally no bond on a probation revocation, but if there is a bond, debond them out. If revoked fully, he will spend the time provided in his sentence less any time he has already served.
    Answer Applies to: Alabama
    Replied: 10/4/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    When one is put on probation it is in lieu of being incarcerated for the crime committed. Probation is violated when the person fails to abide by the conditions such as reporting at specific times to the probation officer, reporting address changes, paying fines, and of course not committing any more criminal offenses. If a person is arrested for violation of probation or parole they are typically held on a "no-bond hold," so bonding out is not an option. He should have an attorney though to negotiate with the prosecution and the probation officer for reinstatement of the probation or a reduced sentence.
    Answer Applies to: Arkansas
    Replied: 10/4/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    A person will stay in jail for a probation violation until there is a probation violation hearing. Depending on the outcome of the hearing he could be released and have probation reinstated or be sentenced to the original time on the case. What happens depends on the facts of the case, what the violation was, and who the attorneys and judge are.
    Answer Applies to: California
    Replied: 10/4/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    It is up to you whether you wish to bail him out. If he's already been sentenced on the violation then bonding out is no longer an option. The amount of time he'll serve - if any - is dependent on the underlying crime, the nature of the violation, his record, and how much time he had suspended, among other things. Everyone is different.
    Answer Applies to: California
    Replied: 10/4/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Can't answer this question without knowing what she is on probation for, what she is accused of doing to violate, who is her judge and who is her probation officer. All of the above will impact the outcome. If you can bond her out you should.
    Answer Applies to: Florida
    Replied: 10/4/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    1. The longest he can be in jail is whatever time is left on his sentence. 2. In theory a judge has discretion to grant bond on a probation warrant, but in 30 years of practice I've seen it done twice, and both of the defendants in those cases were terminally ill. Spend the money on getting him a lawyer.
    Answer Applies to: Georgia
    Replied: 10/4/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You cannot bond him out on a probation violation, unless the probation officer agrees to set a bond (a rarity). As for how long eh will stay, that depends on a number of factors.
    Answer Applies to: Georgia
    Replied: 10/4/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    He may not be able to be bonded out, depending on if the judge set bail or made it a no bail hold. If he is found in violation, he can get anything from reinstated with no additional jail time up to the maximum of whatever is left hanging over his head. What will determine what he gets is the basis of the violation, his other performance on probation and his record. he has a right to representation - either hired counsel or a public defender.
    Answer Applies to: California
    Replied: 10/4/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    A person can be sentenced up to the maximum sentence on a violation of probation. If there is any way to fight it, you may be better off spending the money on an attorney to fight the charges rather than bailing your fiance out.
    Answer Applies to: California
    Replied: 10/4/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    It depends on how long the punishment is for the crime that for which he was on probation. If the crime is a misdemenaor, usually max of 6 mos or 1 yr. If a felony, then whatever the felony cstateute says. I do not have enough info to answer your question. Many probation violation warrants, at least on felonies, are "no bail" so you should check w/bondsman before you bail him out
    Answer Applies to: California
    Replied: 10/4/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    He can be incarcerated for as long as he has time left on a sentence. If he was on a felony probation and served six month before he , the court could have years available to it.
    Answer Applies to: California
    Replied: 10/4/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    The length of custody time depends on what the original charges are, as well as what the new charges are, and whether he is found to actually be in violation. As for bonding him out, if you mean you want to bond him out of serving the sentence, you cant. Once he is sentenced after a guilty plea or admission of violating probation, he can't bond out in order to avoid serving the sentence. He must serve the sentence
    Answer Applies to: California
    Replied: 10/4/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Probation violations are usually not bailable. As for how long he will stay it will depend on whatcaused the violation. The judge can give him the maximum time of what he would have done if he had not gotten probation. But judges rarely do that. I would need to know much more about his situation to tell you my guess as tohow long he will be in.
    Answer Applies to: California
    Replied: 10/4/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Without knowing what the violation is for and what his criminal history is I am unable to answer. Whether you bail him out is your decision.
    Answer Applies to: Minnesota
    Replied: 10/4/2011
    Keyser Law Firm
    Keyser Law Firm | Christopher W. Keyser
    How long he stays in jail for his probation violation depends on several things. First, in order to be sentenced to jail - or have stayed or suspended jail time revoked - he must actually admit the violation that probation alleges. Second, how much jail time does he have suspended from his sentence? If the conviction was a misdemeanor and he has 90 days suspended, the judge will not send him to jail for 2 years or some other high amount of time. Instead, the judge would most like send him to jail for a period between 1 and 90 days. I recommend contacting an attorney to review the allegation before any admission is entered.
    Answer Applies to: Minnesota
    Replied: 10/4/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    What was the underlying crime? What did he do to violate probation? Has he violated probation before and if so how many times? These questions would have to be answered before your issues could be addressed.
    Answer Applies to: Michigan
    Replied: 6/19/2013
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    He faces up to the maximum length of time owed on the original charge.
    Answer Applies to: New York
    Replied: 10/28/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You have told me nothing about his case. You should ask his attorney, he will be familiar with the facts and circumstances. I do not know if you should bail him out or just find a better boyfriend, but I guess it's the latter if he is in jail for a serious matter,
    Answer Applies to: New York
    Replied: 10/4/2011
    bark & karpf
    bark & karpf | peter bark
    You did not give me enough information to answer this question. If, for example, he is on probation for a class "B" drug sale, he might not be released for nine years, less a few months of good time. I also need to know the nature of the violation. A violation for exceeding curfew is treated differently from being arrested for possessing a loaded gun.
    Answer Applies to: New York
    Replied: 10/4/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Until she's re-sentenced and serves the new sentence, if any, or until the end of the maximum term she could have served, whichever is shorter.
    Answer Applies to: New York
    Replied: 10/4/2011
    Burdon and Merlitti
    Burdon and Merlitti | Adam Van Ho
    It depends. A lot of judges will not let a person have a bond for a probation violation. If they do set a bond, his stay in jail/prison will depend on the nature of his charges and the reason for his violation. Unless he has other charges, his sentence can not exceed the suspended sentence that the judge previously gave him. As far as if you want to bond him out, just remember that if he fails to reappear for court, you may be held financially responsible.
    Answer Applies to: Ohio
    Replied: 10/4/2011
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    The sentence for a probation violation will depend on the facts and circumstances of the violation. It can be as little as continued probation with additional conditions or as much as the full sentence dictated by law on the charge he is on probation for.
    Answer Applies to: Illinois
    Replied: 10/4/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    He could be sentenced to as long as the law permits for the violation. As you gave no information about the crime for which he was on probation, it is impossible to answer your question properly. Suffice to say, you should consult with counsel and listen to his advice. Note that in many cases, the violation will not necessarily result in jail time, but in your friend's case, anything goes. Talk to the attorney as to the wisdom of posting bail, or if it better to let him sit until there is a hearing/other disposition of the VOP.
    Answer Applies to: Illinois
    Replied: 10/4/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    How long did the Judge say?
    Answer Applies to: Michigan
    Replied: 6/19/2013
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    It depends on what the judge has ordered (in terms of a probation violation), or what the parole board has ordered (in terms of parole). My suggestion is to hire an attorney to look into your case and offer guidance.
    Answer Applies to: Alabama
    Replied: 10/4/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer may depend on the underlying offense and the alleged violation. If a probation violation is admitted or found by a Court after a Morrissey hearing, the defendant may be sentenced to part or all of any jail sentence previously stayed.
    Answer Applies to: Minnesota
    Replied: 10/4/2011
    Law Offices of Christopher L. Hoglin, P.C.
    Law Offices of Christopher L. Hoglin, P.C. | Christopher L. Hoglin
    Depending on the type of probation your fiancé was on, and the alleged violation, will determine the length of time your fiancé will likely be behind bars. If he was on misdemeanour probation, and the judge has granted him bail, then you may want to bail him out. If he's on felony probation, he may not be eligible for bail. You should definitely speak with a lawyer before you decide what to do though, because there may be ways of demonstrating to the court that your fiancé did not violate his probation.
    Answer Applies to: California
    Replied: 10/4/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    It depends if a hearing date has been set. If he was already sentenced for the PV, then you cannot even bail him out.
    Answer Applies to: California
    Replied: 10/4/2011
    The Law Office of Lewis R. Rosenblum
    The Law Office of Lewis R. Rosenblum | Lewis Rosenblum
    It really depends on what he did to violate. The Judge can sentence him up to the maximum term for the offense he plead Guilty to minus his custody credits from both the underlying case and the time he is in custody on his PV.
    Answer Applies to: California
    Replied: 10/4/2011
    PALMER | GEORGE, PLLC
    PALMER | GEORGE, PLLC | Brandie J. Rouse
    His length of time in jail on a probation violation depends on various factors. I don't believe you can bond someone out who is serving time on a probation violation.
    Answer Applies to: Idaho
    Replied: 10/4/2011
    Ramsell & Associates LLC
    Ramsell & Associates LLC | Donald Ramsell
    It depends on what the original charge was, and also what the violation was that determines how long a person may remain in jail.
    Answer Applies to: Illinois
    Replied: 10/4/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Depends on what he signed up for at the time of probation. That could be the max. A good attorney will get less than that.
    Answer Applies to: Texas
    Replied: 10/4/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    He will stay in jail until he sees a judge and then for the length of time the judge gives him for violating his sentence. If he has been sentenced to jail for the violation, you can't bond him out.
    Answer Applies to: Washington
    Replied: 10/4/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    That is up to the judge, based upon the underlying charge and what the violation is. If your boyfriend does end up going to jail for a probation violation, I doubt that it is going to be bondable.
    Answer Applies to: Washington
    Replied: 10/4/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If he is in custody, he must be brought before the court within 72 hours of his arrest, unless there is a holiday. Then it is 72 hours plus the holiday. Depending on whether the probation is felony or misdemeanor, the amount of time he must sit is different. On a standard Department of Corrections violation, the maximum sanction is 30 days for each violation. In the case of a misdemeanor, the sanction can be whatever time left on a suspended sentence. For example, on a DUI, the maximum penalty is 365 days in jail. Assuming your fiance did one day on the DUI, he could be held for 364 days on a probation violation. Under either scenario, he should have a hearing on the violations within 30 days of his arrest. You could bail him out but, if he is looking at jail time he might as well sit in jail and do his time.
    Answer Applies to: Washington
    Replied: 10/4/2011
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