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2006-10-01 14:42:12 · 6 answers · asked by Vanian 1 in Politics & Government Law Enforcement & Police

Meaning how long will it take for them to review your case and decide whether or not to revoke your probation - how long til you get on the "calandar"...

2006-10-01 14:54:28 · update #1

Meaning how long will it take for them to review your case and decide whether or not to revoke your probation - how long til you get on the "calandar"...and who makes the descision - soley the judge or the PO and the judge as to whether or not his probation is revoked...

2006-10-01 15:40:05 · update #2

6 answers

In MD, a violation of probation is not a crime and one cannot be released on bond or any other recognizance. Therefore, one sits in jail until the violation of probation hearing is docketed and heard before a judge.

Any time served while waiting for the hearing is credited towards the "suspended" part of the sentence. At the hearing, the judge decides whether to revoke probation and incarcerate the person or release the person with additional time added to probation. The time between arrest and hearing could be 30-60 days and delays are commonplace - meaning one could be sitting in jail for months. Judges may be inclined to release someone if they've been sitting in jail for 3 months awaiting a hearing if the violation was more technical than criminal.

Even if one filed for habeas corpus - the warrant for violating probation is an adequate detainer for keeping someone in jail until the hearing.

2006-10-01 15:19:24 · answer #1 · answered by Anonymous · 1 0

1

2016-06-11 15:38:02 · answer #2 · answered by Kelli 3 · 0 0

Judges get in no hurry to hear probation violations, because the time the offender is currently doing is being credited to his original sentence. For instance, he got a 2 year sentence, and has been on probation for 6 months. Then, he gets arrested and put in jail for a probation violation. That 6 months that he's already done out on the street means nothing. If his probation gets outright revoked, he has to go do 2 years. So he's sitting in jail, and let's say they keep him there 45 days before he goes in front of the judge. If the judge throws out the violation, the offender is given credit for the 45 days served, and he's back out to probation on the 2 year sentence, except then, it will be 2 years, minus 45 days, in essence meaning he's back on probation for 1 year, 10 and a half months. As for his initial court date, when they set the actual hearing date, they usually get them in front of the judge within a week or so, but for smaller counties, the wait may be longer.

2006-10-01 15:06:51 · answer #3 · answered by dgindiansfan 4 · 0 0

When you are on probation it is usually with a suspended jail sentence hanging over your head. If you violate probation, the probation officer has the right to lock you up based on that, so they can actually keep you in jail for the amount of jail time that is suspended.

2006-10-01 14:45:26 · answer #4 · answered by a_poor_misguided_soul 5 · 1 0

As long as they want, IF the client has been charged. Habius Corpus. But in most cases 72 Hours.

2006-10-01 14:45:38 · answer #5 · answered by Jeff 2 · 0 0

till the end of your suspended sentence

2006-10-01 14:52:47 · answer #6 · answered by Anarchy99 7 · 0 0

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