What happens with the first violation of probation? 13 Answers as of April 23, 2013

My husband was arrested for criminal mischief and this is his first time being on probation and his first offense while he has been on probation. What could happen to him?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
He could spend the remainder of the probation time in jail.
Answer Applies to: Georgia
Replied: 4/23/2013
TAMBASCO & ASSOCIATES, P.C. Attorneys at Law | R. Tambasco
If the violation is found to be true, he could be ordered to serve part or all of any suspended sentence he received. However, depending on the facts and if a first time violation the court may suspend any time or not impose it at all.
Answer Applies to: Indiana
Replied: 4/23/2013
William L. Welch, III Attorney | William L. Welch, III
Sentencing depends on whether you are found guilty, your prior record, how serious these are in the court's eyes, mitigation, and allocution. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.
Answer Applies to: Maryland
Replied: 4/22/2013
Connell-Savela | Jason Savela
If a person violates probation, he can get up to the max of the crime he plead to, but usually the sentence would be much less and depends directly on what he did or did not do - most revocations end up with more probation and maybe some community service - but some get some jail.
Answer Applies to: Colorado
Replied: 4/22/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
Not knowing the reason for his violation, makes this impossible to answer. Also, predicting what a judge will do with a violation sentence is difficult to predict.
Answer Applies to: Illinois
Replied: 4/22/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    In any probation violation, the defendant may face any jail time previously stayed in the case. He should retain experienced legal counsel.
    Answer Applies to: Minnesota
    Replied: 4/22/2013
    Gates' Law, PLLC | Thomas E. Gates
    Possibly a slap on the wrist or more community service. If there is a repeat there could be jail time.
    Answer Applies to: Washington
    Replied: 4/22/2013
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    There will be a hearing before a judge and the prosecutor will be there. The judge will decide whether to revoke your husband's probation. If the judge revokes the probation, then a conviction for criminal mischief will be entered on your husband's record and he will have to complete the original sentence (jail time, fine, etc.) that he agreed to when he originally went to court and pleaded guilty and accepted the offer of SIS and probation.
    Answer Applies to: Missouri
    Replied: 4/22/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    He could have to serve the time hanging over his head.
    Answer Applies to: Virginia
    Replied: 4/22/2013
    Law Offices of Jeffery L. Fanto
    Law Offices of Jeffery L. Fanto | Jeffery L. Fanto
    Your husband's penalties for violation of probation could range from a slap on the wrist to incarceration for the maximum time prescribed by the original offense. The probation department and the court will take everything into consideration before determining that.
    Answer Applies to: Michigan
    Replied: 4/22/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Anything from just being continued on probation to incarceration. He needs a lawyer.
    Answer Applies to: Michigan
    Replied: 4/22/2013
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