Q: What are the codes on probation extension and can it exceed the max sentence of the crime
A:
Good day, The short answer is "it depends, more info is needed."
The longer answer: If this is a Colorado case, every felony and misdemeanor in Colorado has a different presumptive range of what you can be sentenced to. However, in general, the maximum years you can be sentenced to on a misdemeanor is five years. But on a felony, the maximum number of years of probation is within the court's discretion (unless it is a sex offense where a whole difference sentencing scheme is involved under the Lifetime Supervision Act, and where you can be on probation, therefore, for a range of years up to life.)
In addition, there is a difference between being sentenced and re-sentenced. If you are re-sentenced, the Court can pretty much sentence you to whatever the original sentencing range allows for in terms of probation, jail or prison. However, if you already have done prison time, for example, the court may have to give you credit for time served against the new sentence. But for probation, how long the court can re-sentence you really depends on the level of crime (felony or misdemeanor) and not so much on the original sentence.
I encourage you to seek further advice from an attorney online if you need to address an issue specific to your case.
Mr. H. Michael Steinberg agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
