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    jmcollins34's Avatar
    jmcollins34 Posts: 1, Reputation: 1
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    #1

    Aug 11, 2014, 09:52 AM
    Misdemeanor probation
    My boyfriend was convicted of two misdemeanors, one domestic charge and a joy riding charge. He was given 30 days in jail and misdemeanor probation. We are originally from Ky and we thought misdemeanors could only carry 1yr. Today he went to probation and was inquiring about the terms. We were told that is probation was stacked and he had 1129 in both charges for a total of 18 months if he viol. Is this legal?
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    Aug 11, 2014, 09:56 AM
    Yes its legal.. he was told this the day he got them. Apparently he wasn't listening (or didn't understand).
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Aug 11, 2014, 10:07 AM
    In most states, a misdemeanor conviction cannot result in a sentence longer than one year. So, if the probation is "stacked" with another conviction, there may have been grounds to contest it. However, as Smoothy pointed out, he should have raised this issue when he was sentenced. Didn't he understand what was said then?
    ... 1129 in both charges for a total of 18 months ...
    1,129 days?, or is "1129" a reference to a rule, statute, form, or something else?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Aug 11, 2014, 09:29 PM
    Yes, if added together, it can do this. It seems at sentencing he did not object or try to work out a better deal

    Yes, if added together, it can do this. It seems at sentencing he did not object or try to work out a better deal
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