Q: My son was sentenced to 18 months for a first time technical VOP on Friday. Everyone that I have talked to has said the
sentence is completely unjust considering it was a technical violation and he has no record prior to his 2nd degree assault from over a year ago and no criminal history since the probation was ordered. My issue is I can't find any resources regarding appeals, reviews, etc. for a VOP sentence. Are there any? Do we have any options to have the sentence reviewed besides the request for modification of sentence (which will only be reviewed by the original judge)? I searched other cases like this and the sentences were reinstatement of probation, home detention, etc. I haven't been able to find anything this severe.
A: The problem is that a VOP is technically a civil proceeding. The sentence was already given out by the judge who then imposed it upon a preponderance of the evidence finding that the defendant violated probation. So the legal standard is different. Judges have wide latitude to impose the sentence.
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