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Ohio probation violation & jail time

Troy, OH |

My fiance was just arrested for a probation violation literally 30 minutes ago. We were under the impression that his probation had been dropped - since he did everything in his power to complete the requirements of his probation. This is from his 3rd offense in a 2-year time period. Approximately how long would & could he remain in Jail?

This probation is also from an assult charge that happened in early may of this year. after going to court, his charge was dropped to i believe a 1st degree misdemeanor. He's supposed to be moving to Cleveland in Mid september to start attending college. I'm so scared, and worried, I don't know what to do! Thank you for any and all help you may be able to provide... we also have no idea as to how he could've violated his probation! (I don't get it - why would you send someone (back) to jail for an honest mistake?!? (the honest mistake being possibly that he failed to check in with his p.o. last month (even though we were under the impression that it (probation) had been dropped. He did everything he was supposed to do - he even took the steps neccessary to improve himself (look for & find a job, continue looking for another job, etc.)

Attorney Answers 2


  1. If he is found guilty of a probation violation, there are typically two outcomes. One, he could be continued on probation (which may be extended) and would ultimately avoid jail. Or, the judge could revoke his probation and implement any jail time that was suspended. If the charge was in fact reduced to a misdemeanor of the first degree, then the most jail time he was facing was one hundred and eighty days. However, you have not indicated whether he served any days and how many the judge sentenced him to initially or how many were suspended. So, it's hard to day what the outcome will be. It is probably best to hire an attorney to evaluate the facts as they relate to the probation violation and the assess the likelyhood of the State of Ohio making their case against him.


  2. If he is found guilty of a probation violation, there are typically two outcomes. One, he could be continued on probation (which may be extended) and would ultimately avoid jail. Or, the judge could revoke his probation and implement any jail time that was suspended. If the charge was in fact reduced to a misdemeanor of the first degree, then the most jail time he was facing was one hundred and eighty days. However, you have not indicated whether he served any days and how many the judge sentenced him to initially or how many were suspended. So, it's hard to say what the outcome will be. It is probably best to hire an attorney to evaluate the facts as they relate to the probation violation and the assess the likelyhood of the State of Ohio making their case against him.

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