Results 1 to 5 of 5
  1. #1

    Angry 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

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default 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

  3. #3

    Default Re: How long can somebody be held for a probation violation

    He has 2 years left.

  4. #4
    Join Date
    Sep 2006
    Location
    Texas
    Posts
    7

    Default 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.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default 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.

    1. Sponsored Links
       

Similar Threads

  1. Other Injuries: How Long is the Rest of My Injury Settlement Held in Trust
    By m4ick in forum Accidents and Injuries
    Replies: 1
    Last Post: 07-15-2011, 12:17 AM
  2. Probation and Parole: How Long is Somebody Held Before a Probation Violation Hearing
    By genuine82 in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 02-01-2011, 06:22 AM
  3. Probation and Parole: How Long For A Probation Violation?
    By catsmama07 in forum Probation, Parole and Incarceration
    Replies: 2
    Last Post: 07-07-2008, 08:04 PM
  4. Extradition: Being Held On A Probation Violation From Another State
    By talladega in forum Criminal Procedure
    Replies: 1
    Last Post: 09-16-2007, 08:57 AM
  5. Probation and Parole: How Long Does a Warrant from a Probation Violation Last
    By coollewis123456 in forum Probation, Parole and Incarceration
    Replies: 3
    Last Post: 10-30-2006, 02:31 PM
 
 
Sponsored Links

Legal Help, Information and Resources