My brother is on probation and was found guilty of reckless driving for speeding. His probation officer said it was a violation of his probation so he has to go to court for it what are the chances he will have to go back to jail. Only serious answers please
2006-11-15 15:31:11 · 13 answers · asked by Rocky's Girl 3 in Politics & Government ➔ Law Enforcement & Police
he had to do a weekend in jail for the reckless driving for speeding but that was it he already went to court for that
2006-11-15 15:40:04 · update #1
he isn't on probation for a moving violation
2006-11-15 15:57:56 · update #2
Here in Texas it is up to the probation officer to revoke the probation. If the violation was minor then I would think that the probation officer would use what they call intermediate sanctions which would punish the probationer without revoking probation. Some of the sanctions that could be applied would be to do community service, take defensive driver course, or even order him to not drive for however long a time the Po wants or considers is enough punishment. It also depends on how your bro gets along with his PO because most of the time if they dont like their parolees, PO will revoke them at any little thing just to get them off their case load.
About him going to jail, did he report it to his PO? PO get daily jail sheets where they check to see if anyone on probation got arrested. Maybe it was an oversight on the PO's behalf or maybe the PO just chose to chew his *** out when he reports but not revoke him. Either way, Good Luck.
P.S. If he were already in a revocation hearing then that is when the judge would probably listen to any recommendations the PO has , like keeping him on probation for a longer time but not going back to prison.
2006-11-15 15:55:56 · answer #1 · answered by shipis 3 · 0⤊ 0⤋
Hey, Cuzgirl,
You have alot of serious answers already. You likely see a pattern. It matters a great deal what state is involved!
Here in California, statewide, the odds are in his favor NOT TO RETURN to jail.
Statewide more than 67% of the time, the judge finds that he violated probation and then in the next breathe reinstates him on probation, under the same terms and conditions.
The best source for your brother is the Probation Officer. Just simply ask him what he thinks is the likely outcome. Ask him what he plans to say to the judge.
Remember, there is alot of paperwork involved if the officer sends your brother back. It is far easier for them if the judge just continues.
Play nice and tell the PO some nice stories about your brother's plans for Christmas with your family!!
Best Wishes. It will work out for your brother.
2006-11-15 17:34:42 · answer #2 · answered by ericasqeeze 3 · 0⤊ 0⤋
Most likely about 80% of probation violators go to jail!I'm sorry!It really depends on what he did to get on probation and his probation officer!Oh the judge has a lot to do with it too!If he wasn't on probation for something major then they might just extend his probation time!
2006-11-15 15:41:40 · answer #3 · answered by Sweetheart 4 · 0⤊ 0⤋
Your brother is on probation for what? If it is a moving violation -- and I assume it is -- then if your brother is convicted of this new crime then he will get to serve out the remainder of the sentence for the first violation (i.e. the one for which he received probation) and any sentence meted out for the second violation.
The good news is that in most county/state prisons the time for multiple offenses is served concurrently (i.e. at the same time) and not consecutively.
2006-11-15 15:40:57 · answer #4 · answered by Joseph 5 · 0⤊ 0⤋
If he violated his probation, he will probably have to go back and finish his sentence, and he may have to do extra time for the reckless driving conviction.
2006-11-15 15:37:21 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Unless the cops or judge are just out to get him he ought to be alright as long as there was no destruction of property or car chase involved with the reckless driving. You didn't mention if he was under the influence of anything or had a weapon with him as that would certainly change things. Was he alone or in the company of any other known felons?
2006-11-15 17:04:53 · answer #6 · answered by Anonymous · 0⤊ 0⤋
He may be in violation of his probation but it will be up to the judge and his PO's recommendation as to whether he will have to finish his time. More than likely I doubt it because the jails are so full. They just may extend his probationary period.
2006-11-15 16:59:38 · answer #7 · answered by Gettin_by 3 · 0⤊ 0⤋
A friend of mine violated her probation for shoplifting by getting caught shoplifting again. She only got more probation. Hope that helps. We are in Florida.
2006-11-15 18:59:17 · answer #8 · answered by Anne M 4 · 0⤊ 0⤋
It looks like he committed a parole violation. Most of the time, you don't even have to go back to court. However, in this case it might be to his advantage because the crime was relatively minor.
2006-11-15 15:35:13 · answer #9 · answered by Anonymous · 0⤊ 0⤋
were i live if you get any type of ticket while on probation you do 7 days automaticaly and then they kick you off probabtion. my friend got a open container while on probation and did 7 days.
probation is a privelage.
2006-11-15 15:42:40 · answer #10 · answered by dj_darkside 1 · 0⤊ 0⤋