They were convicted of the misdomeanor charges.
!. Assault on a police officer.
2. Resisting arrest without violence
3. 2 Simple batteries.
Will his violation be a misdomeanor or a felony?
2006-06-06 07:17:33 · 5 answers · asked by drema_walker 1 in Politics & Government ➔ Law & Ethics
Violation of probation is a crime itself was he on probation for a felony charge?
2006-06-06 07:21:48 · answer #1 · answered by mockingbirdkiller 3 · 0⤊ 0⤋
The actual sentence will depend on the severity of the violation and the judge probably has a lot of discretion in this matter. The law on this will also vary by state, so your relative should consult a local criminal defense attorney.
In most jurisdictions, a probation violation can be penalized separate form the incident that constituted the violation. Let's say you were arrested for drunk diving while on probation. The burden of proof on a probation violation is usually a lot less than the "reasonable doubt" standard. Even after you were sentenced for violating probation be being arrested for drunk driving, you could still be charged and convicted of the crime of drunk driving at a later time.
This recently happened to Michelle Rodriguez, the actress on lost. She was already on probation when she was arrested for drunk driving. She pleading guilty and got probation for the drunk driving charges AND she got actually jail time for violating her probation in an earlier case.
2006-06-06 07:43:18 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
First what did they do to violate the probation, that crime will stand on its own merits,
But on the probation violation, they will merely warned or locked up for the violation, they will be held if locked up pending a court hearing to see if the previous probation should be revoked.
So what happens if the judge wants to, instead of spending ever so many years on probation, they will have to spend the years in prison instead. They merely revisit the sentence to see if going to prison for those years would work better than probation.
So alot will depend on what he did to violate the probation,
Plus they will still have to answer for that crime seperately.
2006-06-06 08:35:11 · answer #3 · answered by Anonymous · 0⤊ 0⤋
as you first said...misdomeanor. Once convicted that doesn't change the charge. If its a probation violation they can revolk his probation and send him to jail
2006-06-06 07:22:09 · answer #4 · answered by Molly 6 · 0⤊ 0⤋
It will be a class a felony offense. Tell him to plead guilty to make it easier on theirselves.
2006-06-06 07:21:50 · answer #5 · answered by southernbest01 1 · 0⤊ 0⤋