QUESTION

How long can someone be held in jail for a probation violation?

Asked on Jun 11th, 2011 on Criminal Law - California
More details to this question:
How long can my husband be held in jail for a probation violation without any updates from anyone, not even his so called lawyer?
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17 ANSWERS
JS
James A. Schoenberger, Jr. (Unclaimed Profile)
Answered on Jun 17th, 2011 at 11:47 AM
In WA a probation violation can result in as much as 60 days in jail.

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MB
Michael J. Breczinski (Unclaimed Profile)
Answered on Jun 15th, 2011 at 9:50 AM
The first question is why does he have a probation violation? Did he pick up another charge and is the bond on that charge keeping him in jail. Many times attorneys delay probation violations that arise out of new charge in order to see what happens to that charge.

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JW
Jonathan S Willett (Unclaimed Profile)
Answered on Jun 15th, 2011 at 7:24 AM
Is this a probation violation or parole violation? The answer depend on the foregoing question and what the original charge of conviction was. However, the alleged violator must usually be brought before the judge within 72 hours to have the nature of a probation violation complaint explained to the accused.

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TN
Terry Alan Nelson (Unclaimed Profile)
Answered on Jun 15th, 2011 at 7:07 AM
With time waivers, essentially forever. Without time waivers, then he has to be brought to trial within 45 days on any charges. If he is on parole or probation violation hold, then until he is taken to that court to deal with that problem. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.

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CH
Ms. Cynthia Russell Henley (Unclaimed Profile)
Answered on Jun 15th, 2011 at 7:06 AM
Your husband should not be held for more than a few days to a couple of weeks without contact from anyone. If it has been more than a week since your husband's arrest on a probation violation, I suggest that you contact the court in which his case is pending to determine if and when the court date is, and whether he has been appointed counsel. If he has, then you can get the contact information and have your husband write to the lawyer asking the lawyer to come visit him to discuss the case and situation. Technically your husband has a right to hearing on the motion to revoke within 20 days after demanding a hearing. However, this is generally not the best avenue by which to handle a probation revocation.

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Answered on Jun 15th, 2011 at 6:56 AM
Your husband has the right to appear in court every 30 days. However, if he is found in violation of his probation he can be sentenced to anything up to the maximum allowable punishment allowed by the charge he is on probation for. If need information on his next court date you should be able to get it from his attorney. If you are unable to reach his attorney or if he will not reply to you, you can call the court in which he is appearing and they will tell you his next date of appearance. You should have a lawyer who practices regularly in the court in which he is charged. Violations of probation are tougher to defend than the underlying case in many instances since your husband has already been found or pled guilty to the charge. Now if he is found to be in violation of his probation, the judge has total discretion under the charging statute to sentence him.

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TT
Thomas J. Tomko (Unclaimed Profile)
Answered on Jun 15th, 2011 at 6:38 AM
Thank you for your inquiry On a Probation Violation, the person can be sentenced for up to the unserved balance of the original offense. I hope that this was helpful.

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JA
Jared Altman (Unclaimed Profile)
Answered on Jun 15th, 2011 at 6:30 AM
I think that the answer to that is practically indefinitely, but not longer than his overall sentence.

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TR
Theodore W. Robinson (Unclaimed Profile)
Answered on Jun 15th, 2011 at 6:30 AM
Usually 2-4 days is about as long as most courts will keep him without an update as you called it. Call the attorney and insist upon knowing what's going on with the case and ask why they're holding him for so long without giving him bail or sentencing him. Good luck.

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AS
Andrew Louis Subin (Unclaimed Profile)
Answered on Jun 14th, 2011 at 3:52 PM
30 days for each violation.

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SH
Shawn Patrick Hooks (Unclaimed Profile)
Answered on Jun 14th, 2011 at 1:52 PM
A person can be sentenced for a probation violation up to the amount allowed under the underlying offense. For example, a fifth degree felony theft conviction carries a maximum sentence of twelve months in prison. If you are placed on community control, but then violate the terms and the court revokes your status on community control you can be sentenced up to the original twelve months, plus any time for any offenses that may have led to your community control status having been revoked. Your husband should be entitled to call his attorney immediately.

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CE
Craig W. Elhart (Unclaimed Profile)
Answered on Jun 14th, 2011 at 1:46 PM
Typically, a person charged with a probation violation will be brought before the court for an arraignment within a reasonable time. This may vary depending on the court. As for the possible punishment for the violation if he is found guilty, that would depend on why he is on probation and what the violation is.

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AL
Anthony Lowenstein (Unclaimed Profile)
Answered on Jun 14th, 2011 at 11:48 AM
Generally 72 hours, before an arraignment must be held. For more information, please see my website.

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RE
Robert Conover English (Unclaimed Profile)
Answered on Jun 14th, 2011 at 11:36 AM
Quite a while, actually. The process on a probation violation allows the person in custody to have a hearing on the violation, but the penalties for a violation can be up to the full sentence that was available on the original case. For example, if a case had a max sentence of 1 year county jail and no time was served, then that one year is still available for the violation. If 30 days had been served originally, then 11 months would be available on the violation. I would speculate that the matter has been to court and that the lawyer is working on the case. If there was a time waiver, then the person would remain in custody until the next hearing.

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JA
Jared Clayton Austin (Unclaimed Profile)
Answered on Jun 14th, 2011 at 11:35 AM
They usually get hearings set for those pretty quickly, within a week most of the time or two at the absolutely most. How long has he been in there? Have his lawyer check to see what the hold up is if he has been in there longer than that. The good this is that he will be building up jail credit during the time so if the judge sentences him to jail, it will be reduced by that time he's spent in there or else he could get time served.

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RD
Robert Laurens Driessen (Unclaimed Profile)
Answered on Jun 14th, 2011 at 10:52 AM
Well typically you will be in front of a judge within 48 hours. It is not clear if time was waived in this case.

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JY
Jeff Fengcheng Yeh (Unclaimed Profile)
Answered on Jun 14th, 2011 at 10:22 AM
It depends what the original charge was which gave rise to the probation. For example, if the original charge had a statutory maximum of 1 year, and he did not do any time, then the Judge can give him up to 1 year (ie. max out his probationary exposure).

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