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    Aneita38's Avatar
    Aneita38 Posts: 1, Reputation: 1
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    #1

    Jan 22, 2008, 06:29 PM
    Probation Violation
    My finance has been on probation for the past 4yrs for what was considered a misdemeanor crime. He has paid his fines and was about to have served his parole time in full on the 28th of January. In October he was charged with DUI, but was given a ticket and a court date. Today, 1/22/08 he was called in to see his parole officer only to find himself being locked up. My question is how much time can he or will he serve? He has no priors
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Jan 22, 2008, 07:47 PM
    First off, I'm not inclined to agree that he got 4 years probation for a misdemeanor crime. It was probably a felony charge as that is more in keeping with that amount of probation time. He would not be on parole either but probation. Parole means that you were in prison and then let out before your release date.

    The only person who can decide just how much time he will have to serve is the original judge that sentenced him to the 4 years probation. The reason he got locked up is because he got a DUI which is in violation of his probation. Just because he got a ticket did not mean that he did not commit a crime. Too bad he couldn't wait until after January 28th to get drunk and drive.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 22, 2008, 08:05 PM
    Yes, I am sorry your post just has too many things wrong. You first say he was on probation, then you said his parole time. Those are not the same thing, parole wouid have had him in prison, and released. Probation was instead of going to prison or jail.

    Also 4 years probation is not normal for a misdemeanor,

    So if you don't know these as a fact most likely your finance was not telling you the entire truth. But he has several issues, one is that he can be detained for a couple of months just to get to a hearing, then he can be put back in prison if he is on parole, or receive jail time if on probation. No one can know, it is always up to the judge

    Plus he has to also go to court for the DUI, so he coul even get additional for that
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jan 23, 2008, 04:43 AM
    Hello:

    The maximum sentence for a misdemeanor is one year. Therefore, he's a badder guy than you thought.

    excon
    fde's Avatar
    fde Posts: 93, Reputation: -4
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    #5

    Jan 23, 2008, 01:41 PM
    GET RID OF HIM! DUI he should go to jail. Thank god no one got hurt for his actions. He will have to step up and take the heat, for his choices my god why are people still drinking and driving?
    Misdemeanor my... https://www.askmehelpdesk.com/reputation.php?p=842234
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