What are the consequences for a violation of misdemeanor probation? 57 Answers as of June 28, 2013

My fiance was placed on 6 months misdemeanor probation for old fines (90 days suspended). She has now been on probation for 13 months and has continuously paid her fines, probation fees, and passed every urinalysis. She recently caught 2 charges false pretense and petit larceny. The false pretense charges were pressed by her family and are to be getting dropped. Due to these charges she has violated her PO. Is there any chance that she could possibly be kept on probation or have to do time in the county jail? If she has to do time how long would it be?

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Austin Hirschhorn, P.C.
Austin Hirschhorn, P.C. | Austin Hirschhorn
You don't explain why your fiance has been on probation for 13 months if she was only sentenced to 6 months probation. I will therefore assume that she has already violated that probation and the judge extended the original 6 month probation.

One of the usual conditions of probation is that the probationer not get any new charges. Since this has happened I assume that her probation officer has filed a petition with the court telling the court that your fiance has violated her probation.

It not only is possible that the judge might send her to jail for the balance of the extended term of her original probation but probable since she doesn't seem to be able to stay out of trouble.

After the probation violation is dealt with she will probably have to deal with the new charges unless the new case is in the same court as her probation violation and the judge consolidates the new cases with the existing case.
Answer Applies to: Michigan
Replied: 8/20/2012
Law office of Robert D. Scott | Robert Scott
The 90 days, originally suspended, could be imposed.
Answer Applies to: Maryland
Replied: 8/20/2012
Law Office of George M. Derieg
Law Office of George M. Derieg | George Derieg
She could be kept on probation. This all depends on the probation officer and the district attorney. It also depends on the charges she is on probation for.
Answer Applies to: California
Replied: 8/18/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
The consequences for violation of probation are the same consequences for conviction of the crime for which the person was placed on probation. The person obviously committed a crime of some sort to be ordered to be placed on probation and to pay fees or fines. You say she had a 90 day suspended sentence. If that is the case, most judges will automatically put her in jail for the term of the suspended sentence. When she received that sentence, the judge was essentially saying was... "I think you deserve 90 days of jail time for your offense. However, for whatever reason, I am going to give you a break and suspend that sentence. If you violate probation, you will serve your time." More often than not, she will just get the suspended time. I have successfully been able to have defendant's reprobated (return to the probation, just like it was before you caught the new charges), but it is not an easy sell. Hire a good attorney who knows how to manage the case and you may avoid doing the time.
Answer Applies to: Massachusetts
Replied: 8/14/2012
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
She can do up to the 90 days which were suspended. I'd have to know more about what court and who is the judge if it is in Alameda County to give you a better answer. She might be able to do the time on a bracelet.
Answer Applies to: California
Replied: 8/14/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    She faces up to the max jail time on the original charge regardless of how much time has passed on probation.
    Answer Applies to: New York
    Replied: 8/14/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    A violation of probation can result in the revocation of the probation and the order to serve the original sentence whatever that sentence was. The judge is the one who will decide the penalty.
    Answer Applies to: Kansas
    Replied: 8/14/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If she is violated she can do up to the maximum for the crime which she is on probation for minus any time already served.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    The first general condition of a probation is to obey all laws. Being arrested is not the same as being convicted, but a judge can look at the circumstances and make a determination that the probation condition was violated even though there was no conviction.

    If there is a determination of violation the court can revoke the probation and impose the full sentence. The court has other options available which include a partial revocation for part of the jail time and put her back on probation and lenghten the probation time if it is not already at a maximum level.
    Answer Applies to: Missouri
    Replied: 8/14/2012
    Herschel Bullen
    Herschel Bullen | Herschel Bullen
    As I understand your question, she was given a sentence of 90 days in jail, which was suspended upon her successful completion of probation.

    She therefore could be subject to serving the full 90 days, although with her good track record and the amount of time which has gone by, the court may not feel that it is worthy of imposing the full sentence.

    The consequences of probation violations are generally up to the sentencing judge to assess the seriousness of the violation and determine what the consequences should be.
    Answer Applies to: Utah
    Replied: 8/14/2012
    The Woods Law Firm
    The Woods Law Firm | F.W. Woods Jr.
    She will have to go to a probation violation hearing. The probation agent will produce his or her violation report and she will need an attorney to argue to the court that she needs to be continued on probation. If she tries to make this argument on her own she could go to jail for the amount of time she has hanging over her head. She will definitely need to be represented for this case.
    Answer Applies to: South Carolina
    Replied: 8/14/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    When you violate probation, the judge can incarcerate you for up to the maximum allowable time for the charge you are on probation for. It can be anywhere from no time to the max. Your fiance needs a lawyer.
    Answer Applies to: California
    Replied: 8/14/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    There is a chance... it is up to the Judge.
    Answer Applies to: Wyoming
    Replied: 8/14/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Technically, she could be jailed or have her probation extended again, even if charges were dismissed, however, I doubt the court would violate her if the new charges are dropped.
    Answer Applies to: Illinois
    Replied: 8/14/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Whether your fiance will be kept on probation or have to do time in the county jail will depend on exactly what she was charged when she was placed on probation, the disposition of the judge who originally sentenced her and whether the new charges are actually dropped by the D.A. I suggest that she contact her original attorney, if she had one, contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding her case. He/she would then be in a better position to analyze you case and advise you of your options.
    Answer Applies to: California
    Replied: 8/14/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    The judge may revoke and reinstate her probation without jail time. He may revoke and reinstate the probation with jail time. He may revoke the probation and send her to jail for the time that was suspended (90 days) less credit for time served.
    Answer Applies to: California
    Replied: 8/14/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    For any violation of probation, you may be sentenced to any jail time previously stayed. On a misdemeanor offense, the maximum penalty under Minnesota law is a 90 day sentence.
    Answer Applies to: Minnesota
    Replied: 8/14/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    A judge will hold a hearing to decide whether to revoke probation entirely and impose the 90 day suspended sentence, impose a portion of the suspended sentence or reinstate probation without imposing any jail.
    Answer Applies to: Nevada
    Replied: 8/14/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Just being arrested alone is enough to cause a PV, even if the charges are ultimately dismissed. If she wants to stay out of jail her best chance is to have a good lawyer go to court, first to prevent a warrant, and second to do a good PV hearing on her behalf.
    Answer Applies to: California
    Replied: 8/14/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    They will probably change the probation to a suspended sentence. The problem is if she is a probation violator she could be held for a hearing.
    Answer Applies to: Rhode Island
    Replied: 8/13/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Probation violation can result in revocation of probation and return to jail to serve the full balance of time originally sentenced. It is up to her attorney to argue and negotiate for her restoration of probation at the court hearing.
    Answer Applies to: California
    Replied: 8/13/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    The State must decide if they will file a violation of probation and try to prove that probation was violated. If they do that and prove that, then you can be sentenced up to the maximum amount of time of the crime. The exact amoutn of time depends on whether it was a class A, B or C misdemeanor.
    Answer Applies to: Illinois
    Replied: 8/13/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    Your friends new case by virtue of a new arrest is in and of itself a violation of probation regardless of the circumstance and outcome of the new case. She should hire a lawyer to have a chance of staying out of jail.
    Answer Applies to: Illinois
    Replied: 8/13/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    It depends on the probation officer and the judge, your could be facing jail time for the violation plus any penalty for the crimes committed.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Steven Alpers | Steven Alpers
    I would expect at least 90 days, if 90 days were suspended.
    Answer Applies to: California
    Replied: 8/13/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    If the new charges are dropped, the probation revo should be withdrawn as well.
    Answer Applies to: Colorado
    Replied: 8/13/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    A violation of the probation could lead to your fiance being required to serve the 90 day suspended sentence. There would be a hearing on whether or not your fiance violated the terms of the probation and sometimes arrangements can be made for your fiance to avoid serving the time.
    Answer Applies to: Nevada
    Replied: 8/13/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    It would depend on what your lawyer could negotiate with the prosecutor's office. You do have a lawyer don't you?
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    If she is found guilty of a probation violation, the actual sentence will be up to the discretion of the court. It is difficult to predict what that might be.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Goncalves Law Office | Humberta Goncalves-Babbitt
    This is a situation where your fiance definitely needs to retain an attorney. If she cannot afford one, she can request a public defender. Violation of probation is a serious matter. If a suspended sentence is involved and violation can cause the violator to serve the entire length of the sentence that was suspended. To answer your question in general. Yes, your fiance can be incarcerated for violating her probation. And she would not serve her time in the "county jail", she would be at the ACI (Adult Correctional Institution).
    Answer Applies to: Rhode Island
    Replied: 8/13/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If she was arrested for Petty Larceny while on probation she could serve the sentence that she could have gotten on the original charge and up to one year for the Petty Larceny. You must have a talk with her and explain that she is a very bad decision maker and that she has risked her entire career and reputation to steal a few dollars worth of merchandise. She has no idea what the consequences of her actions are and needs to get a perspective on the larger picture.
    Answer Applies to: New York
    Replied: 8/13/2012
    T.K. Byrne | Timothy K. Byrne
    That decision is left up to the Court.
    Answer Applies to: Mississippi
    Replied: 6/28/2013
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Anything is possible but she should seek representation. Without knowing which county she is on probation it is hard to give more detailed information. The 90 days in jail are now active and thus she needs to take this seriously.
    Answer Applies to: Minnesota
    Replied: 8/13/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    It is likely the judge will impose the balance of the sentence; however, it really depends on the judge and what the PO is asking for. They could just discharge them from probation without completion. I would strongly recommend that they pay all fines and costs immediately to assist in closing the case.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Law Offices of Patricia M. Corrales
    Law Offices of Patricia M. Corrales | Patricia M. Corrales
    Well, the 90 days that were previously suspended can be imposed as a result of your fiance's failure to comply with her probationary terms by her recent criminal activity. Thus, she could serve the entire 90 days plus whatever she could face as a result of her new charges. It maybe beneficial if you make an appointment to consult with a criminal defense attorney.
    Answer Applies to: California
    Replied: 8/13/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    It's a clear violation court could give her jail time or just reinstate probation with warning. Jail time could be the max sentence on her initial conviction.
    Answer Applies to: California
    Replied: 8/13/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Your question does not make any sense. She was placed on probation for 6 months, and 13 months later she is still on probation.
    Answer Applies to: Georgia
    Replied: 8/13/2012
    The Law Offices of Stephen L. Richards | Stephen L. Richards
    You will need to contact an attorney in person to answer these questions.
    Answer Applies to: Illinois
    Replied: 8/13/2012
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    Yes, even dismissed charges can be the basis for a probation violation because the standard of proof on a violation is more probable than not; the standard on a case that goes to a jury is beyond a reasonable doubt. Much of whether she gets more jail time depends on the county she's in and the judge she's in front of. This is not something she should handle on her own. She needs a lawyer-either a private one or a public defender.
    Answer Applies to: California
    Replied: 8/13/2012
    John P Yetter | John Yetter
    This is too complicated for an easy answer. Her situation involves a "law violation" of probation meaning a new offense. In that situation, if it is proven, her suspended jail time may be required. Her criminal history comes into account, as does her previous violation (though less so because it is a non-law violation).
    Answer Applies to: Illinois
    Replied: 8/13/2012
    Stephen D. Hebert, LLC | Stephen Hebert
    In the event the defendant is convicted of any charge, the court will have no choice but to revoke the defendant's probation and make the suspended sentence executory. However, in light of good time calculations and/or other work release programs usually made available to defendant?s convicted of misdemeanor charges, the actual time served will be about half of the suspended sentence. It should also be noted that the defendant should be given credit for any and all time already served from the date of the initial arrest to present.
    Answer Applies to: Louisiana
    Replied: 8/13/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Form your question it would appear that her initial sentence was 90 days, suspended if she satisfactorily completed her probation. Although there can be lesser ramifications for violation, and it appears that she is still on probation, probably for not clearing the fines, she has now caught two more charges and can be sentenced to the original 90 days in jail. She should engage an attorney.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    She could do up to 90 days. If the new charges are dismissed there is a good possibility that the probation revocation will be dropped as well. She needs an attorney on this one.
    Answer Applies to: Alabama
    Replied: 8/13/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Mace J. Yampolsky Board Certified Criminal Law Specialist 625 South Sixth St. Las Vegas NV 89101 PH: 702-385-9777 fax 702-385-3001 Website: www.macelaw.com From: Question From LawQA [mailto:questions@lawqa.com] Sent: Tuesday, August 07, 2012 8:30 AM To: Mace Yampolsky Subject: Question From LawQA ID:72293 ANSWER A QUESTION THAT WILL BE DISPLAYED ON NEVADA CRIMINAL DEFENSE WEBSITES ON THE LAWQA NETWORK. LAW AREA: CRIMINAL DEFENSE STATE: NEVADA ID:72293 Question: What are the consequences for a violation of misdemeanor probation? Serving the suspended sentence. She could either extend probation, get a dishonorable discharge or do the suspended sentence. Her incarceration could be up to the statutory maximum of the crime of which she was convicted. Question Detail: My fiance was placed on 6 months misdemeanor probation for old fines (90 days suspended). She has now been on probation for 13 months and has continuously paid her fines, probation fees, and passed every urinalysis. She recently caught 2 charges false pretense and petit larceny. The false pretense charges were pressed by her family and are to be getting dropped. Due to these charges she has violated her PO. Is there any chance that she could possibly be kept on probation or have to do time in the county jail? If she has to do time how long would it be? *********************************** To answer this question, please just reply to this email. The original content and subject should not be modified, otherwise your answer will not be valid.
    Answer Applies to: Nevada
    Replied: 8/13/2012
    Gates' Law, PLLC | Thomas E. Gates
    I lack sufficient information to information to answer your question fully. You state that your fiancee was placed on 6 months probation, but yet you state she is has served 13 months probation. You need to look at the sentencing documents to understand the sentencing range for the offense. The judge may impose the full extent of this range. Generally, there will be a hearing to explain the new violation. Based upon this information the judge may elect to not add to the imposed sentence or they may provide additional terms to the original sentence, since one of the original terms was to have no further law violations.
    Answer Applies to: Washington
    Replied: 8/13/2012
    William L. Welch, III Attorney | William L. Welch, III
    If the court finds that any of the conditions of probation were violated, then it may impose the balance of the suspended sentence.
    Answer Applies to: Maryland
    Replied: 8/13/2012
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    Usually, Jail for at least a short period of time but it depends on violation and circumstances and background.
    Answer Applies to: Illinois
    Replied: 8/13/2012
    Law Office of William S. Smith
    Law Office of William S. Smith | William S. Smith
    Instead of sentencing her to the 90 days, the District Court judge could keep her on probation and change the terms of her probation. Also, the judge has the discretion to even terminate the probation as unsuccessful (unlikely, at least not unless she paid off the entire balance of the fines/fees) The limitation is, however, that if the judge instead revokes her probation, he or she must sentence her to the 90 days that was previously suspended (the upside is the judge could not sentence her on the violation to anything more than that 90 day suspended sentence). The biggest factor in all of this is usually what her prior criminal record is. She should retain an experienced criminal defense attorney immediately.
    Answer Applies to: Massachusetts
    Replied: 8/13/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes, up to 93 days on the violation of the original misdemeanor. She should hire an attorney ASAP.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    One condition of any probation is to not commit any crimes. The fact that a probationer is charged with a crime, even if not convicted, is universally considered to be a violation of the terms of probation. So yes, she will most likely will be notified to appear for a probation violation hearing and could be found to be in violation. As a result, the court could discharge her from probation dissatisfactorily, impose additional probation (with additional fines and costs) or even sentence her to jail.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    LEATHERS LAW FIRM
    LEATHERS LAW FIRM | A. Wade Leathers, Sr.
    If she was sentenced to 90 days and that was suspended. Then she violated her probation on that conviction, then she could served up to 90 days in county jail.
    Answer Applies to: Alabama
    Replied: 8/15/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    If she served 13 months probation, this exceeds the original probationary period by more than double. She needs an aggressive criminal defense attorney in Florida. She will be held without bond on a violation of probation warrant. She could spend the rest of her probationary period in the county jail, but her probation should have already been terminated, according to the facts you write
    Answer Applies to: Florida
    Replied: 8/13/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    She has 90 days suspended on the probation case. I would suggest she obtain a lawyer and fight the new charges. She can be in violation if they cannot prove the charge.
    Answer Applies to: Nebraska
    Replied: 8/13/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    She could either do jail or be kept on probation. You really need to hire an attorney to fight the new cases and the motion to revoke probation.
    Answer Applies to: Texas
    Replied: 8/13/2012
    Bruce Plesser | Bruce Plesser
    You can get anything from re in statement to max jail on original charge.
    Answer Applies to: Florida
    Replied: 8/13/2012
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