My friend has been on probation for 2years but has 3more lto do he skipped town and went to another state he is also on the megans law witch is not good eather but his charge was only 4th degree he said witch is an 18 month sentence will they give him the rest of his probation time or resentence him to 18months in prison?What happens when you violate probation Legal advice needed?
Probably the 3 more PLUS the 18 months, unless he negotiates differently with a plea bargain. And the sooner he does so, the better he will get - so encourage him to turn himself in if he hasn't already done so.What happens when you violate probation Legal advice needed?
Generally for the 1st time VOP then will generally reinstate the probation if the violation was not that serious or if new charges were not picked up. It is usually the violation is pretty harsh to go to jail. If he does go to jail he should only do the remainder of the sentence.
Hiring a lawyer for minor legal problems can be expensive, but there are websites like LawGuru, FindLaw and other places where you can get free legal advice. I found this website useful - http://www.uelp.org/freelegal.html
No one can really answer this question because there are just too many variables: prior record, specific terms of his probation, was there a suspended sentence, state or federal charges, etc. In my state there isn't even such a thing as a ';4th degree'; anything so he's going to have to get the specifics from his local attorney. He will be entitled to an attorney for a VOP.
What you need to know is that it is MUCH easier to be found guilty of a VOP than of the original charge - lower burden of proof, hearsay is allowed, and the proof itself is just generally much easier. If he's violated, and from what you've said I would be amazed if he wasn't, he may be sentence up to the maximum he could have received for the original offense. The state will likely ask for at least some prison time, and a judge is quite likely to impose such a sentence.
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