If you are on parole for a felony and you break those rules by not reporting and leaving the state(KY) withoout permission what will happen. My stepson broke these rules and they arrested him in FL and he is being brought back to Ky. He served 2 1/2 years of 5 years.
Unlike other criminal cases, a probation violation hearing is not tried before a jury. Instead, the judge presides over the case during a bench trial. The judge does not use the "reasonable doubt" standard to consider the guilt of the defendant. In probation violation cases, the standard of proof is a "preponderance of evidence," meaning the judge will determine guilt if the prosecutor shows that it is "more likely than not" that you violated your probation.
The consequences for a felony probation violation depend on the circumstances of the alleged violation, previous criminal history, and recommendation by your assigned probation supervisor. If you are found guilty of a probation violation, you can find yourself facing arrest with no right to bond, on top of charges for any criminal offense committed while on probation. The time you have already served for probation may also not count towards your sentence. For particularly serious probation violations, the judge may have you serve out your original sentence and even enter a guilty conviction if your adjudication was initially withheld.
It depends on the original offense was and what the circumstances of the VOP was. It quite likely might mean that the offender will be remanded to jail to serve the remainder of the original sentence.
PROBATION IS A SENTENCE FOR BEING FOUND GUILTY!! Only - instead of going inside the slam the court has given you a chance and has graciously allowed you to walk around in the world.
If you violate this privilege you will go inside to serve the remainder of your sentence behind bars.
Is it THAT hard a choice?
Generally it means a return to jail or prison to serve out the balance of ones sentence, plus possible additional time for the violation itself.
It MIGHT depend on the serioussness of the VOP but it could result in your being sent to prison to serve the balance of your sentence.
Your original probation will VERY likely be immediately revoked and you'll be remanded to jail, and you will be charged and prosecuted for the new felony crime.
If you violate probation in Florida, a warrant will be issued for your arrest. If you are arrested, you will be fined and possibly jailed depending on the situation.
If the offense you were found guilty of when you received your probation sentence was a felony, then your violation will be a felony warrant.
no the will go to jail in the state that they are in
It depends entirely as to whether you are on misdemeanor probation or felony probation.
In all probability, yes. All felony VOP's are extraditable.
ll Indiana come to az to exterdite fugitive for a class d felony probation violation
If you drink and drive and pick up a DWI or worse DUI, then you are in violation of your probation. However, if it was not specified otherwise in your original court papers, then drinking should not be a violation of your felony probation.
yes, it is a separate charge
Yes
Yes
It's up to the original sentencing judge, but it is very likely you could be facing spending the remainder of your sentence behind bars.
Your felony probation will be immediately revoked and you will be remanded back to prison. In the meantime you will be tried for the felony you committed while on probation and then face sentencing and prison time for that offense also.
Yes