What happens if someone violates their Probation? 13 Answers as of May 23, 2011

My boyfriend has a two-year suspended prison sentence. He violated his probation will he have to serve out the sentence. Also he was arrested for having a Vicodin on him that was not his prescription. What could happen with all of this?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
He could go to prison or be placed back on probation and have to do some jail time. He needs a good lawyer.
Answer Applies to: California
Replied: 5/23/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Probation violation can mean return to jail to serve the original sentence. No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answer Applies to: California
Replied: 5/19/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
There is a very good probability that your boy friend will be sentenced to prison for the two years that were suspended. However, depending on the facts regarding a prior record, how he has otherwise performed on probation, whether or not he has a long term drug problem (for which he is desiring help), there might be other solutions. He will need an inventive attorney to assist him.
Answer Applies to: California
Replied: 5/19/2011
LynchLaw
LynchLaw | Michael Thomas Lynch
A whole range of actions could happen. He could be convicted of possession and sentenced on that case, as well as being sentenced on the original case for which he was on probation. However, usually the DA wants the conviction on the present case, and a simple record of the violation of probation on the original matter. It depends on the facts and the criminal history.
Answer Applies to: California
Replied: 5/19/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
The judge is likely to give him the 2 years. It may be possible to avoid that if: -there is a defense to the charge,or -The judge can be convinced that he needs treatment rather than jail,or -It has been a long time since he was convicted on the first charge. For more info or a fee quote call.
Answer Applies to: California
Replied: 5/19/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    He will serve the two years and could have more time for the new charges.
    Answer Applies to: California
    Replied: 5/18/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    It really depends on what the violation was. Was it just the vicodin? That is clearly a relatively minor offense and no one is going to send him to prison for two years for that. But he needs a good attorney to make sure that whatever punishment he gets fits the crime.
    Answer Applies to: California
    Replied: 5/18/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    He could be sent to prison or have his probation reinstated.
    Answer Applies to: California
    Replied: 5/18/2011
    The English Law Firm
    The English Law Firm | Robert English
    A probation violation can expose a person to the entire sentence that was available on the underlying crime. For example, if a conviction allowed for a maximum sentence of 1 year county jail and the person served no jail time but was placed on probation then the court could sentence him up to 1 year for the violation. Often courts do not impose the maximum penalty, but it is a serious issue. The Vicodin without a prescription could create a new criminal case for possession of a controlled substance in addition to the violation of probation.
    Answer Applies to: California
    Replied: 5/18/2011
    Law Offices of George Woodworth & Associates
    Law Offices of George Woodworth & Associates | George Woodworth
    He is entitled to a formal Violation of Probation Hearing where a good, experienced Attorney might be able to negotiate some lesser punishment such as community service or volunteer work instead of prison. Even if that is not possible, he still might qualify for a drug program or rehab to avoid jail. Get a good, experienced Attorney who can argue for effective help for the person rather just giving up and throwing him in jail.
    Answer Applies to: California
    Replied: 5/18/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    He could be sent to prison for the probation violation. He needs an attorney to help reduce the penalty.
    Answer Applies to: California
    Replied: 5/18/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    If your boyfriend has a suspended sentence, then any violation of his probation puts him at risk of having that 2 year prison sentence imposed. The point of a suspended sentence is to give a person a chance to avoid prison and turn things around. Most judges tell you that any violation will result in the imposition of that suspended sentence. Now, is it possible for you boyfriend to avoid the prison sentence. Possibly. It all depends on the facts and circumstances of his case. At this point, he should immediately contact an experienced criminal defense attorney to thoroughly evaluate his situation in order to advise him as to what may be possible for his case.
    Answer Applies to: California
    Replied: 5/18/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Yes, they could violate him to the joint to do the whole time but they probably won't because one V tab isn't that serious. He will most likely get county time. Meanwhile you will most likely get endless headaches with this guy. Get a smarter boyfriend.
    Answer Applies to: California
    Replied: 5/18/2011
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