My fiancé violated probation for the secound time. Last time he got 60 days . What is he looking at this time? He is on hiyda wich takes his felony away so would they put him on regular probation? He didnt show up to probation so thats how he violated it. We have a baby on the way and dont want to see him go to prison
I don't think anyone can predict what the court may do, but if he had an opportunity on HYTA he is screwing up a good thing. As I'm sure it was explained, HYTA is a chance to keep this off of his criminal record, and he has apparently already violated once and they kept him on HYTA, but gave him 60 days. The judge is going to get tired of giving chances and either revoke HYTA and keep him on probation or just revoke probation altogether and resentence him to jail or prison. Family is certainly important, but this should be his number one priority, because if he is in jail/prison, he cannot provide for his family either way.
Except for saying the conviction was a felony you do not say what the conviction was for. If it was a felony crime there are scoring variables; prior record variables and offense variables that need to be considered.
I cannot answer this question with the information provided.
This is very serious. If he is violated then not only can he lose his HYTA status (meaning his conviction goes on his record) but he can be re-sentenced on the original offense. That means his probation could be continued but the judge could also sentence him to jail or prison. What ultimately ends up happening depends on a number of factors such as the nature of the violation, the number of the violation, how long has he been on probation, who the judge is and how his judge normally handles such matters, what his PO is recommending, etc. It's wise to have an attorney that not only specializes in criminal defense, but one that is familiar with his particular judge.
It sounds like he is in danger of losing HYTA and be sent to jail or prison. More than ever he needs an experienced criminal defense lawyer on his side because the judge is not constricted with sentencing guidelines or sentencing agreements if he violates. The judge could re-sentence him to the maximum penalty under the law for that particular offense. There may be some mitigating factors.
Use AVVO and Google to locate a good criminal defense lawyer. Many offer free consultations so take advantage. Good luck to both of you and hope you have a healthy pregnancy.
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