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First Technical Violation of Probation

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  • 01-15-2009, 12:37 PM
    CollegeStudentUT
    First Technical Violation of Probation
    My question involves criminal law for the state of: TENNESSEE

    My mother's boyfriend was on probation for a drug charge and received a sentence of about 4 years (I think). My question, however, revolves around information I've just heard in passing. Is is true that for the first technical violation of probation that the longest he can be held is one year?
  • 01-15-2009, 01:23 PM
    aardvarc
    Re: First Technical Violation of Probation
    Technically, if probation is violated, he can be returned to finish serving whatever remained on his original sentence. If he was sentenced to 4 years, served two and got probation; he can be sent back to serve the other two years he "owes" if he violates. Doesn't always happen; but is possible.
  • 01-17-2009, 12:00 PM
    CollegeStudentUT
    Re: First Technical Violation of Probation
    Thank you very much for the information! I have one more question. With just committing a technical violation (which I believe was a simple curfew violation), is it possible for him to be made to serve more time than he was originally sentenced for? Or would the same still apply--just having to finish the remainder of his original sentence?
  • 01-17-2009, 12:30 PM
    OhMy
    Re: First Technical Violation of Probation
    Quote:

    Quoting CollegeStudentUT
    View Post
    Thank you very much for the information! I have one more question. With just committing a technical violation (which I believe was a simple curfew violation), is it possible for him to be made to serve more time than he was originally sentenced for? Or would the same still apply--just having to finish the remainder of his original sentence?

    The most he can be sentenced to under a violation is the full amount jail time on the original conviction. He can not be sentenced to more time then that. However, he can be sentenced to something small like 30 days.
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