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What does it mean when a person receives a 3 year sentence withheld after serving 2 years already on probation?
Wiki User
∙ 14y ago
This usually means that the person received a sentence to prison for a specific amount of time, generally exceeding the two years mentioned. But that sentence, provided the person completes two years of probation successfully, is withheld. When the person completes the two years' probation, his sentence is completed and he is no longer in the system. However if he violates the terms of his probation he could be sent to prison to complete the prison term, and there's no credit given for the time he was on probation.
Wiki User
∙ 14y ago
Wiki User
∙ 14y agoIt means that they have been found guilty and given a three year jail sentence, with two years probation up-front. If they serve those two years SUCCESSFULLY, they will be discharged from probation, and the remaining year of the sentence will be withheld. Probation is TOUGH - there can be a lot of rules and restrictions but - REMEMBER - you are on the outside. Don't screw up!
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If a person receives a 1 year sentence and 6 years probation and has already servered the year in jail but has violated the 6 years probation what will happen?
It depends on the judge. He could make him serve six years in prison. Or he could sentence him to an additional year (or more) in jail.
Can you bond on probation violation in tx?
No, probation violations are non-bondable offenses. Probation is a sentence for already being found GUILTY of some offense. You were already serving a sentence (albeit a lenient one) why would they give you a second bite at the apple?
Can a vop sentence be reconsidered if at the trial for a charge that vop'd him finds him not guilty?
Infractions that violate your probation are not triable. You've already been found guilty and received your sentence - which was probation. If you violate the probation rules, you've violated your sentence and you can be remanded to jail to serve your "real" sentence.
Are there any appeals for a probation violation?
Only to the sentencing judge. Probation is a sentence for having already been found guilty of an offense. You can't appeal the fact that you're violating your sentence.
Can you get a probation violation and your bond revoked at the same time?
No. A sentence of probation means that you have already been tried and found guilty of an offense. If you violate your sentence (probation) you do not get a second bite at the apple with all the constitutional guarantees.
Is there alternative sentencing for probation violation?
HIGHLY unlikely. The reason being - Probation is a sentence for being found guilty - it is not a 'get out of jail free' card! Probation is already an alternative sentence for going to jail. Now you want an alternative to an alternative?? I don't think so.
What is the Statute of limitations on a felony probation violation in pennsylyvania?
SOL's apply only to non-adjudicated offenses. There are no SOL's for probation violation. You have already been pronounced guilty and probation is your SENTENCE. If you violate your sentence it is pretty much the same as violating your jail time.
What is the statute of probation in NJ?
You've already been found guilty of a criminal offense and probation is your sentence, so you won't get a new trial. . If you violated, there is no telling what may be in the mind of the judge when you go back before him. He could very well revoke your probation and sentence you to spend the remainder of your original sentence in jail.
Can someone be on intense violation if he is already on probation and he violated it but has not paid any money on it?
Unclear what is being asked. What is an "intense" violation? As far as your probation is concerned, if you are already in violation of your probation the judge might just decide to remand you to jail to serve the remainder of your sentence behind bars. ESPECIALLY if you've gone and re-offended while you were already on probation. Probation is not a "get out of jail free" card! How many bites at the apple do you think you're going to get?
What does it mean if a person is incarcerated DOC for 7 years but SES 5 years probation mean?
If someone gets a sentence of 7 years plus 5 years supervised probation it usually means that when they get out of prison they will have to also be on probation for 5 years, supervised. This depends on the actual order by the court.
Can you get probation violation until found guilty?
If you are on probation you have already been found guilty. Probation is a sentence for being found guilty. If you commit a violation of your probation you don't get a separate trial for that violation. It means that you have put yourself in jeapordy of the original sentencing judge remanding you to jail to serve the remainder of your sentence. You don't get two bites at the apple.
Is there a difference between parole violation and probation violation?
They ARE similar, however; a 'parole' is a release from jail/prison after you have already completed a certain portion of your sentence behind bars. 'Probation" is a sentence unto itself - you are sentenced to probation without ever having to actually spend any time in jail/prison, based on your promise that you won't re-offend and that you will abide by the terms of the probation. To violate your probation (VOP) could subject you to being incarcerated for the unexpired remainder of your sentence.
