If he is on straight or regular probation, then the maximum time she can get is the number of years that were probated. For example, if she got 10 years probation with 5 years remaining, she could get up to 5 years. If she was on deferred adjudication probation, then the maximum she can get is the maximum for that offense. For example, if she was on probation for 10 years for a second degree felony, she could get up to 20 years for the probation revocation (because that is the max for a second degree felony.) The judge could decide not to revoke the probation but to extend it (up to a maximum of 5 years for state jail felony cases and 20 years for other felonies) so that she remains on probation during and after she gets out of state jail. Or the judge could decide to terminate the probation unsatisfactorily.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).