View Full Version : what does this mean/probation revoked

06-08-2007, 10:18 AM
what does it mean to have your probation revoked, and is it usaully revoked when you go to jail

06-08-2007, 10:59 AM
Probation is seen as a privilege, when you revoke someones probation, they're headed to prison. When your probation ends, it's usually called "probation terminated."

06-08-2007, 12:01 PM
ok cause my sweetie seems to think it means he has been taken off of probabtion. he was sentenced monday which was to 90 days, with time served and his probabtion was revoked, which he seems to think he has been taken off of probabtion

06-08-2007, 12:01 PM
Probation and parole are both seen basically as a promise to follow the rules, to be good. If you aren't, then the supervising department raps your knuckles. Going back to jail is sort of the definition of not following the rules (I'll admit there are exceptions), so things will change. Revoked means taken away, and there will be a hearing (usually) to decide how hard the knuckles are going to be rapped.

If you get all the way through probation/parole without making a mistake, then is considered "discharged", or terminated, or ended, without any more penalties.

06-08-2007, 12:39 PM
Yes, it means he's no longer on probation...because he's in jail. You aren't on probation while in prison.

06-08-2007, 12:41 PM
Here's the procedure. Terms will differ a bit from state to state.:
Probation is summarily revoked when a petition to violate probation is filed and a Judge issues an order for summary revocation. Think of this as a temporary status. This is done to stop the clock on the probation length. Once the probation violation is litigated to sentencing, probation can be reinstated, and the clock starts again; or it can be permanently revoked aka probation terminated. Probation reinstated means that the defendant is eligible for county jail or alternative sentencing. Permanently revoked means State Prison followed by parole (instead of probation).
If he had a violation and a new case in the same court at the same time, resulting in 90 days (which is what this sounds like): his probation was revoked; and then reinstated. He's still on whatever is left of the former probation grant, and he likely was put on probation for eth new case as well, and the length of the new probation could last longer than the old probation grant.

06-08-2007, 10:18 PM
i am still confused because he had a 200,000 fine that he is supposed to pay and i called the courts today and they said that that has been removed and he now owes nothing! yeah. so basically i want to hope that he is right that he is done with probation, however i fear that he is not.

06-09-2007, 02:21 AM
He's done with probation...because he's in prison! Personally, I'd hope he's wrong. You'd rather have him be on probation than prison, in my opinion. Again, you can't have both. If he's in prison, he's off probation.

06-10-2007, 05:09 AM
If you break probation, they send you to prison. After he does a certain percentage of his sentenced time, they may release him on parole. Same kind of rules/regs as probation. If he violates that, then he goes back AGAIN, for whatever amount of time a heaering will decide. So even though he is off probation (because it ends when you get taken back to prison), he may still be facing parole.

06-10-2007, 01:53 PM
I am confused by the OP's question.....I am assuming you are asking because he is back in jail right??????:confused:

06-10-2007, 02:51 PM
his back in jail, he went to court last monday and he says, because he doesn't let anyone go to his court hearings(grrr) but i respect that, that the judge ruled that his restitution be dropped, ninty days, and he is taken off of probation. when i called and talked to the judge's clerk she said that yes the resitution had been dropped (thank goodness 200,000 is alot of money to pay back) and that his probation is revoked.

06-10-2007, 08:19 PM
I don't know the situation...but a civil lawsuit might be coming if that restitution is no longer ordered.

06-16-2007, 10:01 PM
They revoked the probation, he will be locked up 90 days and and at the end of 90 days he will be released BACK to probation, he is definitley not OFF probation.

06-16-2007, 10:19 PM
"Off Probation" means the period of time which someone who has been on probation has ended without further incident. Basically you did what you wer supposed to do. When you are "Off Probation", you are basically free.

"Probation Revoked" means that you have been released for a probationary period provided that you meet certain stipulations for being released (eg. has to report to probation officer, has to attend rehab, has to pay restitution etc.)...kind of like when you get a new job...and there might be a probationary period to see how things work out...if you screw up before your probationary period...they can fire when Probation is means you have been have either not done what you were supposed to do or your probation officer has determined that you are not meeting the conditions of your probation. Either way you go back to jail and are incarcerated. You are not on or off probation....your probation was revoked and you are therefor incarcerated.

Sounds like he is sugar coating the situation for you.

06-27-2007, 05:28 PM
If your sentence was 7 years, served 2yrs incarcerated, 2yrs on parole then parole revoked and back incarcerated. does the 2 yrs "parole time" count towards the 7 yrs or just the 2 yrs prior incarcerated and his remaining time is 5 yrs????

06-28-2007, 11:15 AM
If your sentence was 7 years, served 2yrs incarcerated, 2yrs on parole then parole revoked and back incarcerated. does the 2 yrs "parole time" count towards the 7 yrs or just the 2 yrs prior incarcerated and his remaining time is 5 yrs????
Time spent on parole does not count as custody time because there isn't a sufficient loss of liberty interest.
HOWEVER, depending on your state, maybe there's an argument that if a parolee is ordered to residential rehab that'd be a sufficient loss of liberty that it ought to be considered custody time. This argument is well accepted if it's a Judge's order; and less well developed where it's an administrative order.