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How long can somebody be held for a probation violation

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  • 08-29-2006, 02:02 PM
    Sunne Spicer
    How long can somebody be held for a probation violation
    My husband got a DWI 3 years ago, He was not sentenced until about 6 months ago. He received 3 years probation, He did not report like he was supposed to. Therefore he got a violation and he has been in jail for 6 days.
    How long can they hold him without seeing a judge??


    New Mexico
  • 08-29-2006, 02:41 PM
    cdwjava
    Re: How long can somebody be held for a probation violation
    Quote:

    Quoting Sunne Spicer
    How long can they hold him without seeing a judge??

    How much time does he have left on his sentence?

    I am not finding any directi information, but I do seem to find that they must initiate court proceedings within 6 months in most cases. But, I found a NM Supreme Court case finding that Probation Hearings are administrative and not criminal matters, so the same rules that might normally apply might be moot here.

    He should speak to an attorney.

    - Carl
  • 08-29-2006, 03:45 PM
    Sunne Spicer
    Re: How long can somebody be held for a probation violation
    He has 2 years left.
  • 10-24-2006, 07:56 PM
    matt221972
    Re: How long can somebody be held for a probation violation
    Generally, should you violate probation you will serve at leastthe remainder of your sentance up to full term.
  • 10-24-2006, 09:13 PM
    aaron
    Re: How long can somebody be held for a probation violation
    No, not really. Also, although the new offense may carry an additional violation, a probationer's maximum penalty for a violation is the maximum penalty for the original offense (less any time served). Back when I practiced criminal law, I managed to get a lot of probation violators back onto probation with no jail time and no extension of the term of probation. Some got small amounts of jail time with continued probation.

    It's going to depend upon factors including the facts of the underlying offense, how compliant the probationer has been with probation, and the severity of the violation.
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