My fiancé is in jail for violation of probation. And we have paid attorney. And the state first offer is 40 months. He has been in there since August 1 . How long can they hold him for. The attorney. Disagrees of what the state is trying to give.if the and attorney the state. Doesn't come to agreement.can they still hold him.he has been in there for 31 day so far.

You haven't given enough background as to even venture a guess.

He is being held for violation of probation, he can be held without bail in almost every state in US, till the hearing. In fact in most US states he HAS to be held till a hearing.

So the longer the attorneys argue, and do not go to hearing, the longer he will sit in jail.

But don't expect him back very soon, I do not understand the discussion of 40 months ? Is that for the new charges ? Probation violation is not normally something that will be discussed.