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Can I serve the rest of my probation in jail? Please help

Sparks, NV |
Filed under: Criminal defense

I served 60 days in jail I assaulted someone I got 5 years probation with a felony they tried to give me a strike too but I got that off so far I've served 2 years on my probation so far and I just can't keep paying these supervision fees since I lost my job n I can't seem to find another one so id really like some help please can I serve the rest of my probation in jail and come out probation free? My po mentioned it to me he's a really nice guy and he knows I've been having real problems I'm in NV but my sentencing happened in CA

Attorney Answers 2

Posted

Technically yes. When a person violates probation, the maximum sentence he/she can receive is the amount of jail time (less any time spent on the charge already) in prison. Therefore if the maximum penalty for the crime was 5 years and you already served 60 days in jail, the Judge could sentence you to 4 years and 5 days in jail. A lawyer could try and work out a negotiated sentence with the District Attorney/Prosecutor for a jail sentence lower than the max without a probation tail.

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Posted

You might be able to go into court in California and ask the court to terminate your probation. There are a couple of options to do this. One might be to ask them to dishonorably discharge you (though that will make you less likely or not at all likely to get probation for any potential future charges). The other is to negotiate with the DA for a much shorter sentence.

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