The probation officer violates for the conditions of probation. You mess up in court and the judge finds you guilty. you ask for a review hearing. Before the review hearing took place the probation officer violates again. The judge finds you guilty he sentences you to 45 days of jail. He said you can execute your sentence anytime. If you execute your sentence before you have to report to jail for the 45 days, would you still have to report to jail for the 45 days or could that be pushed out until this execution hearing took place?
You may be able to continue the report date, you would have to ask the judge. If you are seeking to execute the full sentence, the only practical difference in your request is when you start serving the time.
This response does not create an attorney client relationship and is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case. I am licensed to practice in Minnesota, not every state. You should always consult with an attorney licensed in your area on how best to proceed.
In terms of time served in the end, it should not matter since any time served should be credited. But - a defendant could potentially get a court to execute the sentence imposed (or perhaps argue for less) prior to the report date on an intermediate sanction of county jail (workhouse). There could be a timing problem, since defendant would want to get such a hearing scheduled to happen well before the existing report date. If that didn't work out due to timing, it could be done after the 45 days is served.
You could certainly pull-off what describe; however, it is simply an issue of timing. I'm fairly confident that any reasonable judge would allow you to reschedule the report date on the 45 days if you execute your sentence.
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