imposed and stayed?

Question

If a person's sentence of say 90 days jail time is imposed and stayed by a judge and they are put on probation until their hearing (review) in 6 months, and they have been a model citizen, (before and after) will they still have to do the time? and their probation is only 12 months, kept their nose clean and they paid restitution?

Answer 1

The period of probation is the criminal's sentence.

While on probation if the criminal makes a mistake and breaks the law or violates their terms of parole then they can be sent to prison. If the probation period is over then the person can no longer be held to the original terms of the parole so they cannot be sent to jail for the original sentence. Of course a new trial can be held and the facts on the case for which they were paroled could be used in that trial.

Paying restitution and other requirements are rules for the parole. They should end when the parole period ends. However, large thefts may take longer than the paroled sentence to pay off. In this case the criminal is in a gray area and it depends on a ruling from the judge. If the criminal still owes restitution then he can be ordered to pay it all at once or be sentenced to jail. The chances of this happening are usually small. Most judges make sure that all the terms of the parole end when the parole period ends.

The police and the prosecutors will try to hold a person with as much leverage as they can. They often make threats and it is possible they could threaten someone who is still paying restitution after the parole period ends with a jail sentence or more. As I said this is a gray area, but many officers know which judge would be more likely to sign such an arrest order. They could file new charges or they could be bluffing. Finding out what they are actually doing and how strong their case is has to be determined by your defense attorney.