A man is sentenced to 1 year jail time, but it is stayed. He is also sentenced to 3 years probation. Within 3 months of sentencing, he violates the terms of probation and is held on a P & P Hold - Felony. He has been held in county jail since the revocation about 75 days ago. What is the likely outcome of the revocation hearing? How quickly does the revocation hearing have to take place? If he has to serve his original sentence in jail, will the probation continue after he is released? Will he get credit for good behavior, or does one year actually mean one year? Is the revocation hearing public? Does the original judge handle the revocation proceedings? I would appreciate any information you can give.
Criminal Defense Attorney
First, there is information that is not known that might change some of the answers, but here goes. If a person violates his probation, he can be placed on a hold by his agent. Usually, a hearing will be held within 50 days. If he has been on a hold for 75 days, I am astonished there has been no hearing yet. When you say "within 3 months of sentencing" that does not make any sense given the scenario you have laid out. If a person is on probation he will either be discharged from probation or revoked and go to sentencing. It is possible if a person is placed in revocation status, he can be given an alternative to revocation and avoid being revoked. On the other hand, the person may just go to a revocation hearing and try to win it if he disagrees with the allegations against him. If he loses, he can appeal or he can go to sentencing before the Judge who placed him on probation. The revocation hearing is handled by an administrative law judge, not the sentencing judge. Now if indeed he was given an imposed and stayed jail sentence and he is revoked, he will do the one year in all with Huber privileges minus good time (25%) and minus any credit he might have. But make sure it is an imposed and stayed sentence and not one year imposed as a condition of probation imposed and stayed. Otherwise, he could face more exposure. As for the outcome of the hearing it depends on the allegations and the evidence presented at hearing. No one can answer that question based upon the facts you have given. The revocation hearing theoretically is public but oftentimes are held in small rooms which preclude anyone just attending. Good luck.
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