Hey, I have a simple question that I have no answer to!...How long does one stay in jail for violating probation? He actually had a DUI, didn't finish his classes...and cops came to his house and arrested him. Thanks!
2007-03-28 16:48:01 · 9 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Was it his first DUI? If it's a misdemeanor, he's looking at a couple of weeks. If it was a felony, he may be looking at a couple of years.
2007-03-28 16:52:20 · answer #1 · answered by Gemma 5 · 0⤊ 1⤋
It depends on the State and Municipality...Since DUI is a misdemeanor, (in my city and state), when you violate probation such as not paying the fine or not attending the MASEP school, the judge can sentence you up to the maximun amount of time that the misdemeanor charge carries. In my city and state, a misdemeanor carries up to 364 days in jail. I doubt the judge will do that because most municipalities are all about the money. They will probably fine him or at most make him serve 10 to 15 days in jail. If the crime is a felony, violating probation will allow the judge to make you serve the time you were sentenced, but suspended for the probation...example. sentenced to two years, but two years suspended and placed on probation. you will have to serve the remainder of the two years that you have left.
2007-03-28 17:10:02 · answer #2 · answered by lawman7007 1 · 1⤊ 0⤋
The Judge can order the probationer to finish out his sentence in jail instead of out on probation. The Probation Officer will make a recommendation to the judge and the judge will go from there.
Having worked in our local court system, I have seen probationers get a few days in jail to being sent to prison. It all depends on the offense the subject was originally put on probation for, the new violation and if the probationer is making any attempt to straighten up his act.
2007-03-28 16:58:07 · answer #3 · answered by ? 7 · 1⤊ 0⤋
It all depends on the judge and the P.O. If your friend was sentenced to 7 years probation and he was 1 year into the probation and he violated, he could be looking at spending the rest of the 7 years in jail. It is not unheard of where I live for someone to have to spend the rest of their time in the jail if the violate the probationary order.
It will all depend on the judge. Sorry I couldn't be of more help to you.
2007-03-28 16:54:11 · answer #4 · answered by nana4dakids 7 · 1⤊ 0⤋
Usually there is an active sentence set before they start there probation and that time is what they will serve. So if they were given a 3 year active sentence suspended for 2 years on probation if they violate they will serve that 3 years!
2007-03-28 17:43:01 · answer #5 · answered by mcnppo1 2 · 0⤊ 0⤋
There is no "time limit" he will stay in jail till his probation violation case is heard by the judge. But he can actually spend alot of time in jail, since if the judge revolks his probation, he will serve his entire sentence in jail instead of being on probation.
2007-03-28 17:01:39 · answer #6 · answered by Anonymous · 4⤊ 0⤋
Depends on if he can get bailed out or not. If he can, then whenever someone coughs up the cash. Otherwise he has to wait for the court date which is usually less than two weeks after someone gets arrested. At that time they might let him go but it depends on a lot of factors.
2007-03-28 16:54:36 · answer #7 · answered by Eisbär 7 · 0⤊ 1⤋
Wow, I'm curious what probation is to begin with? Let's keep these answers going! It sounds like a bot answer but I knew someone who went to jail just because he didn't want to pay a fine, only for a day though.
2007-03-28 17:07:11 · answer #8 · answered by Anonymous · 0⤊ 2⤋
If you live in California it all depends on what kind of mood the judge is in.
2007-04-01 16:22:58 · answer #9 · answered by luciousgreeneyedlady 5 · 0⤊ 0⤋