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View Full Version : How much time can they give for probation violation


victoria1982
Dec 20, 2010, 06:58 AM
The violation was failure to report, he hasn't been in trouble for 4 years and his probation is up in march, he's been in jail for 22days and its almost christmas. Do u think he will be sent back? "

excon
Dec 20, 2010, 07:00 AM
Hello v:

Well, if he just missed a meeting, they'll put him back on probation... But, if he missed a years worth, they probably won't.

excon

joypulv
Dec 20, 2010, 09:11 AM
It depends on so much - what the crime was, why he failed to report, what justice is like where you are, whether they like him, etc.
I hope you can see him at Christmas. Sorry.

twinkiedooter
Dec 20, 2010, 10:56 AM
If he's been on probation for 4 years that means he's a felon. You need to find and reread his original sentencing paperwork to see what sort of punishment the Judge had in mind should he come before him again with a probation violation. The fact he was not bondable and still in jail for 22 days sounds like he just might be doing some time in jail. This will all be determined at his VOP hearing which will be held at the convenience of the Judge's docket. Due to the holidays and abbreviated work days of the court this year it may not happen until early next year as Judge's like to take extra days off during the holiday season.

The only acceptable "excuse" for not making a monthly appointment meeting with the PO would be if he was in the hospital. Other than that "excuse" there is none. It does not matter if he did not have transportation - he could have walked or taken a taxi to the meeting. Not keeping appointments with POs is extremely bad.

twinkiedooter
Dec 20, 2010, 11:01 AM
It depends on so much - what the crime was, why he failed to report, what justice is like where you are, whether or not they like him, etc.
I hope you can see him at Christmas. Sorry.

What justice is like where you are?? Whether they like him??
No such animal. PO's who violate someone for not reporting HAVE to violate the person. Liking the probationer has nothing to do with not reporting.

And as for "justice" that has nothing to do with the facts that there is NO valid excuse not to report other than literally being a patient in the hospital. The person on probation who happens to be in the hospital should have called the PO immediately upon entering the hospital so as NOT to be violated.

I won't give you a reddie this time joy... You've obviously not been on probation otherwise you'd know this stuff.

Fr_Chuck
Dec 20, 2010, 11:59 AM
I will agree with some and disagree with others.

First he will stay in jail now, till the court hearing, with it being christmas it is very possible that the hearing will not be held now till after first of the year, but that is completely up to the court schedule.

The max he can get for a provatoin violation is his entire probaton time in prison. But that is not likely to happen, for just one or two missed meetings.

If he just blew off the PO for a long time, it may be likely.

But my guess, they will keep him locked up a month or so, bring him to court, ( after they got his attention) and then warn him and put him back on probatoin