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Probation violation????

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Girl123

Junior Member
What is the name of your state?What is the name of your state? NM


My Friend was arrested on a probation violation. He is in jail with a hold put on. My friend has not been charged with anything and I don't believe any charges will be filed. There was a complaint filed thats it. How long can they keep him in jail on a hold? I have heard that they will not keep him longer than two months because of the jail crowding but they will make a court date for his violation and go from there.
 


outonbail

Senior Member
Often, when a person takes a plea bargain, or makes a deal with the prosecution to settle a case without going through all the expense of a trial and the person is not a violent or repeat offender, they are promised probation as part of the plea bargain. They may be sentenced to 1 year in county jail and then the Judge will suspend the jail sentence and place the person on probation.
There are usually several conditions of a persons probation, which they must follow or risk violating the privelage of having been given probation in the first place. These conditions would include, break no laws, submit to a search of person and property by law enforcement, not own or have in your posession any firearms or deadly weapons, possibly attend AA meetings, counseling, anger management classes, complete a specific amount of community service, attend school or seek gainful employment follow the instructions of your probation officer, pay fines and so on.

If the defendant does not abide by any of the terms of his probation, the court is notified and they usually set a court date for a hearing to determine if there is a violation. If the court finds there has been a violation, depending on the circumstances surrounding the violation, they can immediately order the probation revoked and take the defendant into custody to begin serving out their original sentence. In this example, he would have to begin serving his one year sentence in county jail.

So to answer your question, he may be required to serve out his orignal sentance, which we have no way of knowing.

However if he is already in custody, he may have been arrested on another charge or had a hold placed on him by his probation officer for some reason. Either way, it doesn't look good as far as being home for Christmas
 

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