If a person has a federal dui charge and on probation, and violates the terms of probation can he be sentenced to prison?

Asked over 5 years ago - Greenville, MS

he had 4 months of probation left when the judge sentenced him to 6 months in jail. he has been in different county jails waiting to be designated a spot in a federal facility. if this is a misdemeanor crime, can someone be sent to prison?

Attorney answers (3)

  1. Carlos Gonzalez


    Contributor Level 17


    Lawyer agrees

    Answered . Generally the terms of probation include NO FURTHER ARRESTS, if the probation is violated the individual may be sentenced to prison, regardless of whether the new charge may be a Felony of Misdemeanor.

  2. Howard Woodley Bailey


    Contributor Level 20

    Answered . I agree with the assessments of my colleague. The standard conditions are typically very clear, and the violation of them can result in incarceration. Whether it will, how long the term will be, where it is to be served, etc, are arguments that should be made to the sentencing judge. Good luck.

    Since I do not practice law in your State, this answer is provided solely for informational purposes only, for you to use as a starting point when speaking directly with a lawyer in your State. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice law in your State before you make any decisions about this case.

  3. Matthew G Kaiser

    Contributor Level 8

    Answered . I think I might understand your question a little differently than the other folks who answered it, though, on how they understand it, I agree with their answers.

    If your questions what kind of facility a person who is serving a sentence for a federal misdemeanor can be sent to, the answer is, yes, they can be sent to a federal prison. Generally, this is in the sole discretion of the federal Bureau of Prisons (BOP). The BOP sends people to prison based on their own internal regulations and procedures. If they put someone in a county jail, they have to pay the county for the use of their jail space. If they send them to a federal prison, they have to pay for the transportation and the costs on incarceration at the federal prison. But, in any event, BOP can send someone to a federal prison to serve a sentence on a federal misdemeanor. The longer the sentence, the greater the chance that the person will go to a federal prison.

    Good luck!

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