Question:

What happens when someone has a plea agreement for lesser charge, but they violate the probation?

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I am trying to figure out what would happen in this situation.

This guy I know of was charged with a felony and pled down to a less serious felony. He violated the probation and disappeared for years. He was just arrested on warrant for probation violation. I am wondering what happens in terms of sentencing in this type of case?

Would they reinstate the original charge or just sentence him for the lesser one that he pled guilty to?

Also could there be something about that in the plea agreement from years ago or is he just going to get the shorter sentence?

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3 ANSWERS


  1. The judge would not reinstate the original charge. He has already been sentence on the charge he plead to. The judge will sentence him based on the new probation violation charge, which would definitely mean he will spend time in jail or prison.  


  2. He may end up going to prison to serve his sentence that he plead guilty to, plus the DA will tag on another charge for violating his probation.

  3. Once a plea agreement is accepted by the judge that is it.  Breaking probation can result in doing full sentence for the crime he plead to and have time added.  It's all up to the judge.

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