Q: If probation revoked how much time would my husband serve?
My husband was arrested for domestic assault and served 7 months of an 11 month and 29 day sentence (good behavior and working). He also had criminal charges which he took a plea deal to plead guilty to aggravated assault 2. The plea deal put him on supervised visitation and no drug or alcohol usage, no new charges and complete a inpatient rehab program. He never completed the inpatient rehab program either. He got arrested in November 2023 for public intoxication adding a new charge and when he was released in November he never went to see his probation officer. He has been arrested for outstanding warrants and now has a VOP to revoke his probation. He has been doing very well staying away from drugs and alcohol since this arrest but the probation officer wants to revoke his probation. If his probation gets revoked, how much time would he have to serve?
A: If he pled guilty to agg assault that would be at least a 3 year sentence which might be ordered to serve incarcerated. If not, and only convicted of dom assault, then the remainder of the 11 mo 29 sentence might be ordered to be served incarcerated.
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