Sentencing

[mzdaniellesnipe]

What is the name of your state? Idaho....
My Husband Was Arrested and Cited On 9/4/2011
1- Driving Under The Influence (Excessive)
2- Resisting Or Obstructing Officers
3- Driving Without Privileges
4- Vehicle Insurance (2nd or Subsequent Offense) Fail To Provide Insurance
5- Officer-Flee or Attempt To Elude A Police Officer In A Motor Vehicle ---- FELONY

The First 4 Charges Went To 1 Judge And The Felony A Seperate Judge, But A Plea Aggrement Was Made With All The Charges.

Its A long Story I Would Really Appreciate It If Someone Would Help Me Out. I Could Send All The Documents I Have Basically He Was Sentenced on 2/27/12 to 2 fixed and 3 Indeterminite sentence was suspended and He was placed on 4 years of probation He Violated And was sent on a rider when he returned from the rider the judge returned him to probation for 3 1/2 years he violated again and on 5/16/16 the judge re imposed his original sentence starting his 5 years over. Is this legal?

 

[Just Blue]

What is the name of your state? Idaho....
My Husband Was Arrested and Cited On 9/4/2011
1- Driving Under The Influence (Excessive)
2- Resisting Or Obstructing Officers
3- Driving Without Privileges
4- Vehicle Insurance (2nd or Subsequent Offense) Fail To Provide Insurance
5- Officer-Flee or Attempt To Elude A Police Officer In A Motor Vehicle ---- FELONY

The First 4 Charges Went To 1 Judge And The Felony A Seperate Judge, But A Plea Aggrement Was Made With All The Charges.

Its A long Story I Would Really Appreciate It If Someone Would Help Me Out. I Could Send All The Documents I Have Basically He Was Sentenced on 2/27/12 to 2 fixed and 3 Indeterminite sentence was suspended and He was placed on 4 years of probation He Violated And was sent on a rider when he returned from the rider the judge returned him to probation for 3 1/2 years he violated again and on 5/16/16 the judge re imposed his original sentence starting his 5 years over. Is this legal?

Yes. He should discuss this with his attorney.

 

[quincy]

What is the name of your state? Idaho....
My Husband Was Arrested and Cited On 9/4/2011
1- Driving Under The Influence (Excessive)
2- Resisting Or Obstructing Officers
3- Driving Without Privileges
4- Vehicle Insurance (2nd or Subsequent Offense) Fail To Provide Insurance
5- Officer-Flee or Attempt To Elude A Police Officer In A Motor Vehicle ---- FELONY

The First 4 Charges Went To 1 Judge And The Felony A Seperate Judge, But A Plea Aggrement Was Made With All The Charges.

Its A long Story I Would Really Appreciate It If Someone Would Help Me Out. I Could Send All The Documents I Have Basically He Was Sentenced on 2/27/12 to 2 fixed and 3 Indeterminite sentence was suspended and He was placed on 4 years of probation He Violated And was sent on a rider when he returned from the rider the judge returned him to probation for 3 1/2 years he violated again and on 5/16/16 the judge re imposed his original sentence starting his 5 years over. Is this legal?

When an offender violates his probation, the original sentence can be imposed.

 

[xylene]

We do not do document riveiw like that. You should consider to hire an attorney to assist your husband.

 

[Just Blue]

https://forum.freeadvice.com/threads/can-my-husbands-full-term-release-date-be-extended-we-live-in-idaho.652632/

 

[quincy]

https://forum.freeadvice.com/threads/can-my-husbands-full-term-release-date-be-extended-we-live-in-idaho.652632/

I thought this sounded familiar.

mzdaniellesnipe, you can try the following link to help you locate an attorney in your area who can assist you/your husband:
https://isb.idaho.gov/lawyer-referral-service/

Every time your husband violated the terms of his probation, he risked having his original sentence imposed with no credit given for time already served on probation. Depending on how he violated his probation (e.g., committed another crime?), he could be sentenced to more time on new charges.

He should have had an attorney representing him at the probation violation hearings.

 

[Eekamouse]

What is the name of your state? Idaho....
My Husband Was Arrested and Cited On 9/4/2011
1- Driving Under The Influence (Excessive)
2- Resisting Or Obstructing Officers
3- Driving Without Privileges
4- Vehicle Insurance (2nd or Subsequent Offense) Fail To Provide Insurance
5- Officer-Flee or Attempt To Elude A Police Officer In A Motor Vehicle ---- FELONY

The First 4 Charges Went To 1 Judge And The Felony A Seperate Judge, But A Plea Aggrement Was Made With All The Charges.

Its A long Story I Would Really Appreciate It If Someone Would Help Me Out. I Could Send All The Documents I Have Basically He Was Sentenced on 2/27/12 to 2 fixed and 3 Indeterminite sentence was suspended and He was placed on 4 years of probation He Violated And was sent on a rider when he returned from the rider the judge returned him to probation for 3 1/2 years he violated again and on 5/16/16 the judge re imposed his original sentence starting his 5 years over. Is this legal?

Your husband obviously wasn't taking his probation as the gift it was.