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Ohio Probation
- Thread starter abc13052
- Start date
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seniorjudge
Senior Member
Any question beginning with "Can a judge..." is always answered yes.
seniorjudge
Senior Member
Granted, there may be such cases and/or statutes limiting a judge's power; but I don't know of any.
Maybe you can give us more facts, details, info.
Well, I'm asking for a friend. Heard that one, lately? LOL
I was a legal assistant years ago in civil law (consumer debt collection). I stopped because I was working in TX. and if they ain't got a pile a money or a bunch of houses laying around, you're not getting squat!!
So, my boss (I've been in Dentistry for 12 years now. Long Story!) told me his son got busted for some menacing charge in Ohio. Apparently drunk and speaking his mind a bit too loudly. Nothing violent, as far as I can see.
He got 30 days, 15 served, and a years probation. He's apparently violated by taking a job out of state and moving there.
Now, if and when he's caught, I know they can give him the other 15 days, but they want to know if he can be made to serve any of the probation time in jail, as well.
Just thought I'd run it up the flap pole and see what you folks think would happen.
I was a legal assistant years ago in civil law (consumer debt collection). I stopped because I was working in TX. and if they ain't got a pile a money or a bunch of houses laying around, you're not getting squat!!
So, my boss (I've been in Dentistry for 12 years now. Long Story!) told me his son got busted for some menacing charge in Ohio. Apparently drunk and speaking his mind a bit too loudly. Nothing violent, as far as I can see.
He got 30 days, 15 served, and a years probation. He's apparently violated by taking a job out of state and moving there.
Now, if and when he's caught, I know they can give him the other 15 days, but they want to know if he can be made to serve any of the probation time in jail, as well.
Just thought I'd run it up the flap pole and see what you folks think would happen.
seniorjudge
Senior Member
This is called "shock probation" (among other things). Some states have ruled that 30 days are all he can serve. Other states would give him a total of 45. I don't know what the law is in your state.
Shock Prob.
Don't want to take up too much of your time or beat this into the ground, but I understand shock probation is applied for and they said they never heard the term.
Anything else coming to mind since yesterday?
Thanks for the info and quick responses, so far.
I'm certainly going to let people know about the site. Hopefully it'll generate some hits!
Don't want to take up too much of your time or beat this into the ground, but I understand shock probation is applied for and they said they never heard the term.
Anything else coming to mind since yesterday?
Thanks for the info and quick responses, so far.
I'm certainly going to let people know about the site. Hopefully it'll generate some hits!
Ohio Probation Violations
What is the name of your state (only U.S. law)? Ohio
Ohio Probation Violations
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A person in Ohio is sentenced to 30 days in jail. 13 served, 17 suspended, and 1 year of probation.
If this person violates probation, and DID NOT commit another crime, what is the MAXIMUM time they could be incarcerated?
Thanks,
What is the name of your state (only U.S. law)? Ohio
Ohio Probation Violations
--------------------------------------------------------------------------------
A person in Ohio is sentenced to 30 days in jail. 13 served, 17 suspended, and 1 year of probation.
If this person violates probation, and DID NOT commit another crime, what is the MAXIMUM time they could be incarcerated?
Thanks,
Indiana Filer
Senior Member
It depends upon the underlying offense. What was the crime? Is it a misdemeanor or a felony, and what level was it? (Class A, Class B, etc)
seniorjudge
Senior Member
Ask the judge, the prosecutor, or your lawyer.
I'm sorry, but I really do not know what you are asking.
A person in Ohio is sentenced to 30 days in jail. 13 served, 17 suspended, and 1 year of probation.
He got 30 days, 15 served, and a years probation.
Plus, you keep changing the "facts".
My GUESS is that he will get to serve the balance of his sentence BUT you have never told us HOW he was sentenced.
Suspended imposition of sentence?
Suspended execution of sentence?
What?
Not the same case
Sorry, this is not the same case as the one I first posted, but I was told by a senior member to keep it posted in this thread. Just doing what I'm told.
I don't know why some people on here feel I'm being cryptic on this.
Simply:
The Sentence: 30 days
The Time Served: 13 days
The Suspended Time: 17 days
The Probation Time: 1 year
If the person violates probation, and did NOT commit another crime, can the probation time of 1 year be given as jail time, or is it just the 17 days that she can be made to serve?
Sorry, this is not the same case as the one I first posted, but I was told by a senior member to keep it posted in this thread. Just doing what I'm told.
I don't know why some people on here feel I'm being cryptic on this.
Simply:
The Sentence: 30 days
The Time Served: 13 days
The Suspended Time: 17 days
The Probation Time: 1 year
If the person violates probation, and did NOT commit another crime, can the probation time of 1 year be given as jail time, or is it just the 17 days that she can be made to serve?
seniorjudge
Senior Member
My GUESS is that he will get to serve the balance of his sentence BUT you have never told us HOW he was sentenced, which makes a HUGE DIFFERENCE.
Suspended imposition of sentence?
Suspended execution of sentence?
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