My daughters bio father has a felony right now. (I don't think that it matters what 4) He was put on probation for 5yrs. He is do 2 get off of probation in about 1 1/2 years. But the other day him and I went 2 court 4 unpaid child support %26 it was filed as a class A mist miner. While I was there he was 45mins late so I got 2 talk to the state prosecuting attorney alone she says she wants to dismiss the case and go with a felony. I said ok. He later showed up but neither the prosecuting attorney or I told him that they were going to refile it as a felony She just told him to pay the support 4 that month. She asked him were he was living he answered but refused 2 say who he was living with. She thinks that he is lying about his address which he had 2 report 2 his PO or he is violating probation. He has violated probation twice before. The 2nd felony I know will be another Violation b/c he's already on probation for a 1st felony. %26 if he is lying about his residence that would be another violation. My ? is once they pick him up for his 2nd felony. He will have 2 go 2 Jail until some1 pays bail 4 him he will then have 2 go 2 court 4 violating the 1st probation (I don't no how many violations this would be 4 him I no at least 3 maybe 5.)WILL THEY MAKE HIM SERVE THE SENTENCE THAT HE COULD OF SERVED IF HE WASN'T PUT ON PROBABTION OR WILL THEY AT LEAST PUT HIM BACK ON PROBATION 4 AN EVEN LONGER PERIOD OF TIME OR WILL NOTHING HAPPEN? I need 2 know what would happen even if he got an attorney 4 all of the violations b/c I no he will! Even if some1 could tell me a more then likely out come!
Answer:
Probation is far different from parole. When a person violates their parole, they can serve up to the remainder of the original sentence. When probation is violated, it can be far worse as the person is "re-sentenced" on the original crime. For example, if a person is convicted of a felony on a charge that carries, say, a ten year maximum sentence, and he is given probation instead of jail, that is usually a good deal. However, if that probation is violated, he or she can be re-sentenced up to the maximum allowable sentence. Sentencing guidelines do not apply in probation re-sentencings nor do double jeopardy implications. Also, if he gets a jail sentence for the second felony, it can be imposed consecutively to the new probation violation sentence, meaning that one will have to be completed before the other is started. This could equal a very long time.
If you don't want your daughter's bio father away for many years, I would suggest not aiding the State's Attorney as much. Certainly the father has a responsibility to pay what he owes. But this Attorney seems really shady and unprofessional. Once the sentence is handed down, there is very little chance of going back. Think this through. Good luck.
It's unlikely that they will keep putting him on probation be prepared for him to go to jail and serve his sentence.
First you should learn how to type words out and don't be so lazy!! VOP they'll probably make him serve his probation time which is 1-1/2 years plus any new time that he'll get sentenced with. But call an attorney or public defender.
I don't know what will happen. I know what should happen. They should make him water ski around the world nonstop. As for you. They should give you a tube job so you will not bring any more children into this world under the kind of conditions you live. I would bet a dollar to a donut that you are on welfare.
Only the Judge and court knows for sure right now. We sure do not.
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