QUESTION

How long can my son be in jail waiting for a revocation hearing?

Asked on Feb 05th, 2013 on Criminal Law - Western Australia
More details to this question:
My son was arrested in November of 2012. He was accused of shoplifting while on probation.
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Michael J. Breczinski
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Answered on Feb 07th, 2013 at 3:54 PM
They should have had a hearing but may be waiting to see what happens with the shoplifting charge.

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Answered on Feb 06th, 2013 at 2:10 PM
It could vary wildy depending on the revocation.

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Answered on Feb 06th, 2013 at 2:07 PM
The court clerk should be able to tell you when court is set. My guess is the attorney representing your son needed time to prepare. He can usually ask for a bond while awaiting a hearing.

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Answered on Feb 06th, 2013 at 2:06 PM
He can wait for up to six months. IF he has neither made bond on the shoplifting charge, or resolve the shoplifting charge.

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Answered on Feb 06th, 2013 at 2:05 PM
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. A lot will depend on why he was on probation to begin with. If he probation is revoked, he can be sentenced to the remainder of his original sentence.

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Answered on Feb 06th, 2013 at 2:05 PM
Depends on what he is on probation for and whether he is on deferred adjudication or straight probation.

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Answered on Feb 06th, 2013 at 2:05 PM
It depends entirely upon the judge and what he is on probation for. A conviction of shoplift has a maximum penalty of 1 year in jail. I suspect if he is on probation for some other crime, the judge could give time for that matter as well.

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Answered on Feb 06th, 2013 at 2:04 PM
The court can keep him for the amount of time that is suspended on the underlying charge that he is alleged to have violated. Or The amount of time that the statute says that Judge can give a person for the type of violation he is facing.

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Answered on Feb 06th, 2013 at 2:04 PM
He could be sentenced to up to the maximum on the underlying charge (the charge that got him probation in the first place).

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