Is there a chance that my son could get reinstated on a probation violation? 19 Answers as of June 13, 2013

When someone serves there original sentence on a probation violation and when they are released, are they finished with probation? Is there a chance that my son could get reinstated on a probation violation? His original sentence was 3 years formal probation on a drug felony charge. He did not report to his probation officer. He has been in jail now for over a month and his court date is Nov. 13th. How much longer would he have to serve if they revoke his probation? And, would he stay at the same facility?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
That is up to the judge at the sentencing for the probation violation. The court can send them to prison, just give them some jail and then terminate probation, jail and more probation or just reinstate them on probation.
Answer Applies to: Michigan
Replied: 11/14/2012
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
The question is totally confusing. Son was sentenced to 3 years on probation. Never reported, or reported for a little while and stopped going. Whenever he stopped going, probation stopped running. When he got arrested, probation started again. He has been in jail for two months. So, by my calculation he has another 2.5+ years to serve. So, yes the judge can place him back on probation, because he never reported the first time. So, how, in your question, was he finished with probation, or served the original sentence? How could he serve sentence, when he was not reporting? You are not making any sense.
Answer Applies to: Georgia
Replied: 11/12/2012
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
He is at the mercy of the sentencing judge. I would guess that he will be reinstated to probation, and given time served for the violation. If the judge sentences him to prison, (unlikely), he would not serve his time at the local jail, but the state prison system, and could serve whatever term the judge determines, usually getting credit for time served, and additional good time credit. I would almost bet he will be reinstated to probation, and if he is, he better do EVERYTHING he is supposed to do, and NOT get into any more trouble.
Answer Applies to: Illinois
Replied: 11/12/2012
Expert Bronx Criminal Lawyers
Expert Bronx Criminal Lawyers | Alexander Sanchez
If a person is issued a violation of probation the court has many different options. The court can revoke and terminate probation. The court can sentence the person to jail for some period of time, and then place them back on probation. Advice; hire a criminal lawyer to contact the Department of Probation to find out what its position is. The court will usually follow the department's recommendation.
Answer Applies to: New York
Replied: 11/10/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
If the court decides to revoke his probation, they could sentence him as allowed under the sentencing guidelines. Time served would be credited against any sentence he might get.
Answer Applies to: Michigan
Replied: 11/10/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    When Probation is closed or terminated, it is over. If it has not been closed or terminated, then the Judge could incarcerate him for the unserved/unexpired remainder of the probationary period.
    Answer Applies to: Pennsylvania
    Replied: 11/10/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. First of all, since we do not have all the facts, it is not really possible to answer with complete accuracy. What was his original sentence and charges? Usually, when someone violated by probation the court can do a number of things including revoking probation and imposing the original jail sentence, reinstating probation, extending his probation and adding more probation time, etc. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your son's case. He/she would then be in a better position to analyze his case and advise you of his options.
    Answer Applies to: California
    Replied: 11/10/2012
    Hamblin Law Office | Sally Hamblin
    Regarding jail time, he would serve up to one year. He could go to prison. He could continue on probation. All depends on his probation officer and the judge and prosecutor.
    Answer Applies to: Michigan
    Replied: 11/10/2012
    Craig Epifanio, P.A.
    Craig Epifanio, P.A. | Craig Epifanio
    On a violation of probation, the person faces exactly what they would have if the case were new. So, if it's a third degree felony, for example, the judge has the right to sentence the person up to 5 years in prison. The judge also has discretion to put him back on probation. You need to talk to an attorney in your area and discuss the details.
    Answer Applies to: Florida
    Replied: 11/10/2012
    Law office of Robert D. Scott | Robert Scott
    If his probation is revoked, he could serve the original amount of time that was suspended when he was placed on probation.
    Answer Applies to: Maryland
    Replied: 11/10/2012
    Law Office of Stephen Barker | Stephen Barker
    All of that is at the discretion of the judge.He could be sentenced to the max, or restored to probation and the terms changed or extended. It all depends on the facts of the case and the persuasiveness of his attorney.
    Answer Applies to: Michigan
    Replied: 11/10/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    He can serve up to what he could have received on the original ticket.
    Answer Applies to: Nebraska
    Replied: 11/9/2012
    Law Office of Thomas F. Hayes, LLC. | Thomas F. Hayes
    In Ohio, there are a number of options the court could impose. From reinstating his probation, adding additional conditions, which could include local time, terminating his probation, sending him to prison for the original sentence, or sending him to prison with a modified sentence. It likely will come down to what the violation was, who the Judge is, and what options can be created. If he is sentenced to prison he will serve it at the Ohio Department of Corrections in a location determined by ODRC.
    Answer Applies to: Ohio
    Replied: 11/9/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Usually they will need to do his original suspended.
    Answer Applies to: Nevada
    Replied: 6/13/2013
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    When you violate probation, your punishment can be anywhere from zero jail time (rare) up to the maximum amount of time you can receive for the charge they are on probation for. That's three years for most simple drug possession felonies. Anything in that range is possible, but to find out what he is likely to receive, you should speak with his lawyer.
    Answer Applies to: California
    Replied: 11/9/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If he is on DOC supervision, he can serve up to 30 days per violation. He will probably be referred back to DOC and be required to report following his release.
    Answer Applies to: Washington
    Replied: 11/9/2012
    The Law Offices of John J. Carney Esq.
    The Law Offices of John J. Carney Esq. | John J. Carney
    Most people who do not report to their probation officers are young addicts who know that they will not have a negative urine test so they take off or just do not show up. This is of course not a smart or responsible decision, and they will then be violated and do a year in jail usually. You should retain a good criminal lawyer to try to get him an inpatient drug program or a shorter jail term. After he gets out of jail he will probably not be on probation. You should try to get him to stop using drugs before his addiction gets out of control.
    Answer Applies to: New York
    Replied: 11/9/2012
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    If your son completed probation and was terminated from the Courts jurisdiction, then he is done with that court. Any new charge would not involve that prior probation. However, if he is still on probation, then a new charge is a violation and the Judge can sentence him on the probation violation. Depending on the specific violation, the Judge can place him back on probation, extend it, give a jail/prison sentence or other possibilities. You should have an attorney represent him to make sure his rights are protected.
    Answer Applies to: Michigan
    Replied: 11/9/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You had better get an aggressive criminal defense attorney for him. He is looking at going to prison for the remainder of the probationary period.
    Answer Applies to: Florida
    Replied: 11/9/2012
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