My boyfriend just got senteced to 4 years in state prison for violating his probation . I know that he broke the law and should be punished but I'm really curious as to can they really make him serve that long in prison. I guess they can but I reallly want to know is there anything he can do to get out early?

If he has been sentenced to four years in state prison for a probation violation, then I would assume that his original sentence for what he did was for four years in state prison and that the sentence was stayed pending successful completion of his probation. Please correct me if I'm wrong about this.

Another thing is, has he had a previous conviction for a DUI? That would make a difference in how long a sentence might be.

As far as getting out early, that would depend on where you live and the laws governing such things. In many states now, there are laws concerning people being sentenced as truly serving the time that they have been sentenced. One, I have heard, is called "truth in sentencing." In Illinois for example, you must serve at least 80% of the time you have been sentenced.

I would suggest trying a free consultation with an attorney in order to get some answers. Or an online search for the answers.

I am sure that others will have their own answers to this question.

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Originally Posted by megmo4343

can they really make him serve that long in prison.

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Hello meg:

Nahhh, they're jokin. He'll be home next week.

Actually, he will probably be released on probation again after some time in the slam. Most probation violators don't have to serve all their underlying sentence, although some do. He should have a hearing in the near future. Call his PO to find out about it.

excon

Quote:

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Originally Posted by excon

Hello meg:

Nahhh, they're jokin. He'll be home next week.

Actually, he will probably be released on probation again after some time in the slam. Most probation violators don't have to serve all their underlying sentence, although some do. He should have a hearing in the near future. Call his PO to find out about it.

excon

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Thank you for answering me . He already had a hearing and they sentenced him to the four years and four months in state prison. I've never gone through this before so that's why I was woundering if they would really make him serve that much time ? He had one beer and his po came over to the house and took him to jail. That's the first time in 4 years he's messed up. So I think that's really wrong. But I don't know how it works

He has not been sentenced yet - I was told they need have him in front of a judge w/ in 30 days - he is in for probation violation then has to go to court again for this dui - we live in PA and I was a told 90 days for driving, 90 for the 3rd DUI but since he broke probation - and he is an habitual DUI offender - I believe this is his 10th since the 1980's - thanks

Good advise I will call tomorrow - thanks -