How much time would my son get for a probation violation? 18 Answers as of June 18, 2013

My son has been in jail for almost a month awaiting a court date on November 13th. His original sentence was three-year probation. He was picked up on a warrant for not reporting to his probation officer. Can you give me an idea of his fate? I am so stressed I have made myself sick.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Given that it is November 17th, you probably know his fate.
Answer Applies to: Georgia
Replied: 11/20/2012
Law office of Robert D. Scott | Robert Scott
He probably faces the amount of time that was suspended when he was placed on probation.
Answer Applies to: Maryland
Replied: 11/9/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
It depends on the underlying crime he is on probation for and why he did not report.
Answer Applies to: Michigan
Replied: 11/9/2012
Law Office of John Schum, LLC
Law Office of John Schum, LLC | John Schum
Thank you for contacting my office for answers to your questions. Please understand that my responses are general in nature and the law often focuses on specific facts. Before making any legal decisions, you should go over all the facts and specific circumstances of your situation with a lawyer. Additionally, my responses do not create an attorney-client relationship. Your comments to me are confidential and I cannot repeat them. However, I am not representing you on this matter, unless we later establish a formal attorney-client relationship. Now to provide a response to your question. The amount of time your son may receive is going to be dependent on many things, such as his prior record, any previous violations and his reason for missing this meeting. He could have his probation revoked if the Judge does not believe he is serious and resentence him to jail if he thinks that is necessary. I encourage you to have representation for your son. Even if it looks bad, I could do some things that would hopefully put your in a different light and keep the Judge from doing something draconian. I hope this helps you sort your legal situation out.
Answer Applies to: Hawaii
Replied: 11/6/2012
Jonathan S. Willett Attorney at Law
Jonathan S. Willett Attorney at Law | Jonathan S. Willett
If your son does not have other significant criminal contacts and this is his first probation revocation, they will probably allow him to reinstate his probation and try again. This time be sure he goes!
Answer Applies to: Colorado
Replied: 11/6/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    The sentencing judge will determine what penalty he will get for the violation of probation. It is possible that he will get the time he has been serving as a penalty, and reinstated to his probation. I do not think he will be sentenced to prison, especially if this is his first VOP, but anything is possible. I presume he had counsel, and should be ready to explain why he failed to report to probation as required.
    Answer Applies to: Illinois
    Replied: 11/6/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Unfortunately, I cannot say because I do not have enough information. In any event, how much time your son does, is ultimately up to the judge.
    Answer Applies to: Washington
    Replied: 11/6/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information to answer, but it depends on many things and is up to the probation officer, prosecutor, judge. He should hire an attorney to try to get a favorable plea bargain and sentence.
    Answer Applies to: New York
    Replied: 11/6/2012
    The Law Offices of John J. Carney Esq.
    The Law Offices of John J. Carney Esq. | John J. Carney
    If he was put on probation and did not comply with the terms the judge will either give him a jail sentence of 90 days, 6 months, or a year, or continue him on probation. If you do not go to the probation appointments you are asking to go to jail, but if he is young and does not have a bad record perhaps the judge will just give him time served or a few months and he will not have probation after he serves the sentence. People will often not appear since they know they will test positive for drugs or because they abscond.
    Answer Applies to: New York
    Replied: 11/6/2012
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    It depends on what the original crime is and what county the alleged crime occurred.
    Answer Applies to: California
    Replied: 11/6/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It depends on whether he is on felony or misdemeanor probation.
    Answer Applies to: Washington
    Replied: 11/6/2012
    Hamblin Law Office | Sally Hamblin
    Many factors come into play. Look at any special conditions ordered, is restitution ordered. How long he failed to report, and what he did while he absconded.
    Answer Applies to: Michigan
    Replied: 11/6/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    The maximum would be the rest of the probationary period in jail. You should hire private counsel to represent him.
    Answer Applies to: Florida
    Replied: 11/6/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    If revoked, you may do up to the full sentence he received. He may have three years probation, but the issue is what was his sentence. Did he get 1 year, ten years or more suspended and put on probation. The judge could not revoke him or could make him do a certain amount of time. You never know.
    Answer Applies to: Alabama
    Replied: 11/6/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    I have almost the same case on the same date in Montgomery County. I am not sure what your son's original offense was, but there are also a ton of other factors that go into this like who the Judge is, how long it was before he violated, any other violations, etc. You need to talk with a good lawyer familiar with all the facts to get a good estimate.
    Answer Applies to: Pennsylvania
    Replied: 11/6/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Need to know what the original charge was and how much stayed time he has. If he has been in jail for almost a month the assumption is his original charge was serious.
    Answer Applies to: Minnesota
    Replied: 11/6/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    He could get whatever his original sentence is.
    Answer Applies to: Nevada
    Replied: 6/18/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer depends on the offense and how much jail time the court originally stayed. A Judge may sentence a person to any part or all of the jail time stayed. Of course, it would be wise to have a lawyer for such a matter.
    Answer Applies to: Minnesota
    Replied: 11/6/2012
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