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I opted for probation and have decided i would rather do the 90 days. how do i go about just getting the jail time?

Grand Rapids, MI |

my probation forces me to live with my parents and it is not working out.

my paperwork also says 90 days in jail 0 withheld and 90 days held in abeyance. what does that mean?

Attorney Answers 4


  1. That means you were sentenced to 90 days and if you violate your probation, you will do the 90 days. Understand that 90 days in jail is a sserious thing. The judge will not like to play around if you think you want to do jail time now and try to change your mind later. If you violate your probation, expect that you may also pay financially. Jail is not necessarily a free place to live. The judge can order than you pay the costs of your incarceration. I would seriously think about finding a way to work things out with your parents. Not only will it impress the judge, it will help you mature some and may make you stronger. I wish you luck!

    Law Office of Edward J. Sternisha, PLLC
    448 Leonard St NW
    Grand Rapids, MI 49504
    (616) 233-CALL-ED

    The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.


  2. Mr. Sternisha is right, you may want to reconsider your position on this. How about discussing the matter with your PO, who then may be willing to discuss the matter with the Judge to get him/her to change the order. Or, if that doesn't work, I would consider showing up in court, waiting around to the end of the docket, and discussing the matter with the judge on the record. Keep in mind that all Judges are different. It would be helpful to speak to someone in your area to see how the judge would likely react.


  3. Discuss the situation with your agent. You really don't want to have your probation violated.


  4. The other answers are all good. This is always a real problem for our firm. Even if the client wants to serve jail instead of probation, I will never ask a judge to impose jail! Absolutely never. An attorney is an advocate of the US Constitution who fights for life, liberty, happiness and pursuit of justice. Yes, LIBERTY. It just isn't something that an attorney should do. Funny thing is that your question comes up once in awhile, especially in the courts where the conditions of probation are extremely burdensome or the client wants to continue using drugs and does not want to go through testing. Get a local attorney, Grand Rapids I presume.

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