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If you have only 2 weeks left of probation and violated for drinking..Can they keep you past the last day of probation in jail?

Edmonds, WA |

My Husband was violated for drinking while on probation and is currently in jail. He only had two weeks left on probation. Can they keep him past his end date for probation or how does that work? And how long does it take to get a hearing??

Attorney Answers 2

Posted

As long notice of the alleged violation has been given to the person prior to the end of jurisdiction there is probably not any issues regarding jurisdiction. Depending on the charge, and the length of supervision given, the court may also have the option to extended probation. In addition, the court could impose any or all of the suspended sentence. It is not unusual in a situation like this for the court to impose the remaining balance of time. He should have an attorney help him with this.

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Posted

First off, it depends on whether the crime he is on probation for was a misdemeanor or a felony. If it was a misdemeanor, any suspended jail time could be imposed. If it was a felony, the Department of Corrections would have started the probation violation process and the amount of time he will serve will depend upon how many prior violations he has had, what the original crime was, and whether there are treatment issues which need to be addressed. Your husband should get legal representation.

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