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  1. #1
    Join Date
    Aug 2007
    Posts
    7

    Question Is There A Cap On Sentences After A Probation Violation

    i'm wondering if someone could please tell me if there is a cap on the sentence that can be handed down on a violation of a 10 year felony probation that was issued on a class e felony? i am brainless to these laws and i think my son is being railroaded to serve extensive time for a crime that has been blown way out of proportion.....of course i could be overreacting.

  2. #2

    Default Re: i need some info

    what state

  3. #3
    Join Date
    Aug 2007
    Posts
    7

    Default Re: i need some info

    madison county in new york

  4. #4
    Join Date
    Aug 2007
    Posts
    7

    Default Re: i need some info

    new york, madison county

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: i need some info

    The maximum sentence would be ten years, less any time previously served. The maximum sentence is rarely given, but we don't know any of the facts or circumstances. Your son should get help from a criminal defense lawyer.

  6. #6
    Join Date
    Aug 2007
    Posts
    7

    Default Re: i need some info

    what happened is his p.o. sent him a letter here to change his appointment from a wednesday to the following monday. he never recieved the letter and she knew that because she said that it had been returned to her. she called at 9:15 on that monday wondering why he hadnt made the appointment (even though she KNEW he didnt know about it because she had the returned letter in front of her). he immediatly went to the probation office, and when he saw her all she said was she was starting the paperwork to violate him, so he had 2 weeks to take care of whatever business he needed to tend to before he got picked up. nedless to say, he turned himself in to the sherrifs office before they could come here to arrest him and hes been in jail ever since. now i'm having issues with the fact that july 5th he was supposed to be in court, i was there, but they never even brought him into court from the jailhouse. the attorney that was there for him came to me and told me that brian would be released on sept. 20th and would have to finish out his probation sentence(8 years left out of 10). it seems to me that 252 days in jail and 10 years probation is a bit extreme for a class e felony with a youthful offender status. All the jail time hes served should knock off at least SOME of his probation shouldnt it?

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