Q: If you have two years time served, finished community service, but you violate community control what would happen
Hello, the father of my kids was arrested for violation of community control, he was supposed to be on it for 24moths but only completely 21months when he was arrested. He was on his way home from work when his ride stopped at a store he got out not know he wasn't allowed to. another officer seen him and he left right after. He texted his officer an let her know what happened she said okay an a month after he was arrested for violation. He has two years time served,finished community service, and was making payments to probation and going to see his officer every Tuesday . At first appearance they gave him 45days until his court date. He has 26days left as of today. I was wondering what might happen at his court date? Would they give him more time or could they possibly reinstate him but with an ankle monitor?
A: There are many different sentences a court could impose on these set of facts. The ultimate sentence will depend on the following factors: recommendation from the probation officer, prior record, where the defendant scores, the nature of the violation(s), previous violations and any mitigation evidence offered at sentencing. The maximum period of community control is two years. From your description of the facts, it appears that the defendant has maxed out his time on community control; thus, an ankle monitor may not be an option. Depending upon the above-mentioned circumstances, the court could impose a sentence from probation with credit time served to the maximum sentence permitted by law. It is difficult to predict a sentence when you do not have all of the facts and are not familiar with the judge's sentencing habits.
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