Felony warrant for probation violation

[zach_w]

What is the name of your state (only U.S. law)? Nebraska
A friend was arrested on a felony warrant for failure to appear. She was on intense supervised probation and failed to meet with her probation officer for over a month. During this time she was breaking rules of her probation.

Originally it was a 2 year probation and she spent 2 months in jail previously for violating electronic monitoring. There was also confinement in a state facility for 5 months before ISP began. She has failed to meet any conditions of probation and has broken most if not all of them.

She has had multiple arrests in the past for possession and one concealed weapons arrest that got her a week in jail.

Her probation would have ended next year but since she violated probation she is back in jail and will be going in front of the judge when she gets a court date. The original charge was felony theft.

Can she be resentenced for the original charge even though she has already served time (5 months) since she violated probation?

Can she be charged for violating probation since she served 60 days for not following electronic monitoring?

Say probation would have ended next October and she goes to court in October and the judge sentences her to one year. With good time she would be out in March. Would the judge sentence her with an amount of time that would have her out before her probation would have ended?

 

[outonbail]

We really would have to know the terms of her probation. Most often, in order for someone to be placed on probation, they would have to have plead guilty to whatever crime they were charged with.
The judge would then request a report from the probation department, in which the probation department would express their opinion of whether the person is a good candidate for probation or not and why.
Then the judge can follow the recommendations of the report or toss it aside and sentence the defendant to whatever he/she thinks the punishment should be.

So the judge might hand down a sentence of three years state prison, then suspend the sentence and place the defendant on probation under certain terms and conditions.

When the defendant violates any one of the terms and conditions they agreed to abide by in exchange for the opportunity to get probation, the judge can then enforce the suspended sentence and the defendant would be taken into custody to begin serving the three year sentence they originally received for their guilty plea.

So if the person is going before the judge, it is probably for a VOP hearing. They can admit to violating probation or try to fight it. From what you've posted, the person doesn't stand a chance of fighting the violation.