I need help! My husband pled guilty to a first degree felony. He was sentenced to ten years prison time and five years probation. He got out and got a violation of probation charge after two years. It's all a lie and we have evidence to support it, however if we fight this how much time is he looking at if we don't take the plea agreement this time? The original charge could have been 30 years but they only sentenced him to 15 all together! They can't repentance him more than original sentence can they? Am I right in saying the max he can get is 5 years prison because that was his original probation sentence and that was what was violated? If that is not true please break it all down so I know! Thanks!

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Originally Posted by Sarajorakos09

Am I right in saying the max he can get is 5 years prison because that was his original probation sentence

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Hello S:

That would be my understanding... Of course, I don't know all the circumstances. Get him a lawyer.

excon

Drag out a copy of his original sentencing paperwork and look that over. It will give exactly what the Judge had in mind the day he was originally sentenced. It will spell out in great detail what would/will happen to him if he violates his probation and how much time in jail he could do. We can only speculate. Get the paperwork out or go down to the Courthouse and ask the Clerk for a copy of it. Probably 25 cents a page and probably about 3 pages at most.