My husband was almost finished with his unsupervised probation in July 2007 when he caught a new charge for the same thing. He only had 24 days to go. Here it is January of 2009 and we went to court for the charges and they were bond to go upstairs to criminal court. In the mean while the D.A. asked that his probation be reinstated and served this time due to violation of probation. I am wondering is there anything that we could file or make a motion to about getting him out of jail. He is having to serve the sentence 5 months late and since then has been reporting to his probation officer and paying his fines as she sasked him too. This technically means that he will serve 11 months 29 days in the county jail with no credit for the 5 months of fees and drug test that he has had to take during his waiting period to return to court. What can I or his attorney file?

Your attorney will know what to file or not to file. We have no idea what the original charge was as it was not stated. The judge is the one who ultimately decides his fate. I doubt he will be able to get out early if the judge sentenced him to jail.