What could someone serve for violating probation for a misdeamnor crime?
I have a friend who received probation for a misdeamnor battery, pled guilty, received probation and then was arrested for a low level felony the following week. He is currently serving five months in county jail for the low level felony. What will the county of the first charge - the misdemeanor battery - do? He thinks he might have to serve up to a year in county jail, since the second one is a felony. I don't think so, because he had already started the probation program, which included already completing his 40 hours of community service, starting the counseling and and paying $200 of the $750 in fines. Does anyone have specific answers? I am only looking for information, not "don't do the crime if you're not ready to do the time" type response. I just want practical knowledge, not judgments. Thank you! This all occured in California, if that helps anyone answer.
Someone said he must serve a year in jail for the felony. The attorney said it was a felony, but his release date is March 3rd, making it five months. Yes, I realize that hopefully the judge is nice. What boggles my mind is the mistakes both the counties made in the facts of the case. In the first county, the police manufacturered statements because neither party to the battery made a statement, and then the judge didn't want to hear that. Then in the second county, it had the facts of the original case in the other county wrong. It makes you wonder how many other mistakes they can make if they can't get simple police report information right. An example is: the misdemeanor was in Marin County. The second county, when it wrote the report, stated it happened in Monterey County. Then the second county reported that the woman was driving, when it was the man. I used to work in the legal field, and they were a lot more careful with the simple facts then.
Dingbat: So from what you're saying, the first county will hold a hearing for him before March 3rd, he will probably end up doing the maximum time in county jail for the misdemeanor (a year) but that it will run concurrently? That would be good. He understands about the probation part. The funny thing was - he hadn't been in trouble for 20 years and then in the space of two-three months, boom!
- Mama PastafarianLv 71 decade agoFavorite Answer
I would imagine that the probation office will file a PTR (petition to revoke) his probation in the first case, since he violated his probation by getting arrested for a second offense. Most probations have a standard condition along the lines of "You shall break no law of this or any other jurisdiction while you are on probation." This could send your friend back in front of the judge, and he would then get sentenced to jail most likely.
It's possible that the judge will sentence him to serve the remainder of his sentence on the first charge concurrently with the sentence for the second charge, but the judge does not have to do this. It's possible that, by the time he gets sentenced for the second charge, he will have already completed his jail sentence for the first charge.Source(s): I'm an Indiana Probation Officer.
- RangerEsqLv 41 decade ago
On the felony he is not serving time in jail as a sentence, he is serving time as a condition of his new felony probation. That's why it's not a year in jail or three years in state prison. When he's done, he will be on probation for the felony.
On the misdemeanor he could serve up to a year on the Violation of his Probation. If he is arrested for the VOP he may get credit for the time he is serving on the felony already but if he has not been arrested on the misdemeanor they could give him the full year. That is unlikely, however.
- cyanne2akLv 71 decade ago
If he was convicted of a felony then he MUST serve at least a year in jail for THAT crime. If you don't serve a year, it isn't a felony. It really is that simple. As for the misdemeanor, it depends on the terms of his probation, which probably were violated. If the terms of the probation were violated, that will be added to his prison time. He will also have to pay some very hefty fines for violating his probation.
- Anonymous1 decade ago
Here you go--His felony violation will keep him locked up for a while. From county jail he will see the judge on his probation violation, they will give him the max on his misdemeanor conviction, but that will most likely run concurrent with the time he does for the felony. Also he will likely be put on probation for the felony after he gets out, but since he did max time on the misdemeanor he will not be on probation for that again.
Yes. He can request it to go to court for it, but it should happen automatically. They are not going to run those sentences piggyback, no way. Especially because the first one is a misdemeanor. They are separate cases but will run concurrent.
I know how easy it can be to get caught up, and I know how it works--Good luck to you and your friend. I hope I helped you.
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- wilcutLv 44 years ago
No, he won't be recharged, the worst which will ensue is that he finishes something of the probated sentence in detention center. He could have been lots extra valuable off to stand the courtroom, and in all likelihood get carry of not something better than a slap on the wrist, extremely than run to a various state. He would desire to besides come homestead and face the song, the warrant for probation violation will by no potential circulate away, there is not any statute of obstacles on warrants, they stay lively until eventually the decide rescinds it. Turning 18 would not make it circulate away.
- daydoomLv 51 decade ago
They can serve the remainder of their sentence in jail. When you are sentenced to probation it is for a determinate period of time and if you serve 1 month of a 12 month probationary period and then violate the probation you can serve the 11 remaining months in jail. in most jurisdictions whatever the sentence was for the new offense you would serve them concurrently, meaning at the same time. If the Judge orders you to serve them consecutively then you will serve one after the other.
- 1 decade ago
It depends on the judge and he might serve time because it was a violation of his probation. It may have been a misdemenor the first time,but he violated probation and charged with a felony. Hope the judge is nice
- Anonymous1 decade ago
Generally when you violate probation you have to do the maximum penalty for the original offense. Probation is kind of a favor to see if you have learned your lesson. If you violate it you get the full original punishment. Also I don't think it means anything that you started the probation program or what you did in it. You violated it so you get punished.Source(s): Criminal Justice classes
- 1 decade ago
What will happen is they will make him serve his remainder of probation and the new charge back to back. If he does not get into any trouble he might get a few months shaved off for good behavior.
- 1 decade ago
He could get the max penality allowed by law. It all depends on how the judge views it. Keep in mind most states have repeat offender laws with every crime committed the longer the next sentence.