How does it work when you violate probation

Question

he is on probation for robbery and is back in there for petit theft.. he got bond but they aint violate him yet.... how does it work thanks

Answer 1

when you violate probation it depends on the probation officer the da and the judge but the judge has the final decision. its a second offense so you more than likely going to jail but it could be anywhere from six months to the three years since you already signed for three years they cant make you do more than that unless the charge you as a habitual offender and you have to be charged with the same crime three times for that

Answer 2

they pick you up  and  probably  set the sentence  as it  first  was  so  whatever they gave  him  the  first  time  he  will now  do  it  all

Answer 3

Normally when you violate probation you have to go back to jail and finish the time remaining on the first charge.  The arrest for petty theft can add more time.

Answer 4

Different factors will cause different results.  How long has he been on probation?  what are the facts of the new case?  If the rearrest was recent, probation may not have had time to file their declaration of delinquency - the first step to VOP proceedings.  What is his record to begin with?  If he's young, he may have been sentenced as a youthful offender rather than an adult - I don't know fi that can be revoled on resentence.

His likliest future is being resentenced - in NYS, some forms of robbery are considered violent felony offenses and have longer jail terms associated with them.  I don't know what jurosdiction you're talking about.  Are you sure he was convicted of robbery rather than charged wit robbery but eventually convicted of something less (maybe even a misdemeanor?  In NY, 3 years of probation is what you get on a misdemeanor - 5 is what you get on a felony.  How much time he gets is determined by the jail term proscribed by the statute he was charged with breaking - not how mch probation time he got.  If he got 5 years probation for a charge that also has a jail term of 1 - 8 years, he faces a maximum 8 years on resentence.  If he got that same probation on a charge that carries a 2 -10 year term, he faces a resentence to 10 years.  Those figures are the maximum - he'll probably get kess depending on how bad his record was and thsoe other factors I mentioned.

Answer 5

Believe it or not, sometimes little mis-haps occurr in the court system. His probation officer probably does't know that he was arrested on the robbery charge and the officer didn't do a complete investigation on him to find out that he was on probation. Hint, call the probation office and see if they know. This will get the ball rolling if you know what I mean . Good question !

Answer 6

if you violate probation, you go back to prison and serve the remainder of your conviction time.

Answer 7

He is in the unique area of "PV New Bit."  That would be Probation violation with a new charge.  The new charge will likely be dealt with first.  The probationary charge will add to the sentence of the new charge.  If they choose to violate him, he could serve the first sentence before the second even starts.  Tell him to get used to the idea of living at the Gray Bar.

An offender can be charged with "Habitual" on the second charge if it is the same class of crime, such as this.  The time he does may or may not be the same as his probation.  Depends on the sentence he received.  He may have been given probation in lieu of a longer prison term.  I've known guys who avoided six+ years for a two year probee bit.  Volation of his probation puts him in jeopardy of serving the sentence that was set asside in lieu of probation.  Be prepared for him to max on the second charge.

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