The d/a is trying to give me 9 months but the violation was 2yrs ago and this is my 3rd time going to court.
If you violate probation with hot drug screens or other violations then you are facing the suspended time of your probation. The Prosecutor can recommend a minimum sentence of time served, your maximum suspended time, or they could recommend you be reprobated. With violations of probation, you are also entitled to a hearing if you choose not to accept the Prosecutor's offer. Beware that if you choose to set your case for a hearing, the sentence will be handed down by the Judge and could be the minimum, maximum, or placement back on probation.
You could get 11/29 in jail if you have no previous jail credit. Even if you are sentenced to 364 days, you will get good time credit assuming you have good behavior in jail. You could be released and your sentence be considered served after approximately 180 to 272 days depending if you get a 2 for 1 credit or a 75% credit. Different counties offer different jail credits.
This is general advice and does not create an attorney-client relationship.
You surely need an attorney to look at this.
How much max time you could serve depends on how much of your sentence was suspended. Just because you were on 11/29 probation, doesn't necessarily mean that you were sentenced to 11/29 and 11/29 suspended. Sometimes defendants plead to 90 days, 90 days suspended, and 11/29 probation. In that case, a violation of probation is only punishable up to 90 days. So essentially, you don't need to know how long your probation is, but how long your suspended sentence is.
There may be some other ways to handle this as well, so see if you can hire an attorney to handle it.
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