Criminal Law Questions? Ask a Criminal Lawyer.
Is this an arrest for a violation of probation?
A person under this section would face the following possibilities after a hearing has been held and a violation has been found:
(1) Return the person to post release community supervision with modifications of conditions. The conditions would be stricter than before. With this there could be a period of incarceration in a county jail.
(2) Revoke and terminate post release community supervision and order the person to confinement in a county jail.
(3) Refer the person to a reentry court or other program in the court's discretion. This could be a community drug treatment or mental health treatment. The purpose of reentry court programs is to promote public safety, hold offenders accountable, and reduce the chance to return to jail.
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You can face the amount of time left on your sentence.
What was the term of your probation?
The person's probation, sorry
You mention a "stipulation" to have no contact. There must be a restraining order in place. That means this person has committed a new crime. That will be a violation of probation. The stolen check is another crime. The drugs in his system and the new crimes are violations of probation. He could face jail for the time he was given probation. So, if he was given 3 years probation, he could get 3 years.
If the check was less than $950, he could get time in county jail for not more than one year and a fine of up to $1,000. If it was more than this, it is a felony and he faces two to three years in county jail and a fine of up to $10,000.
The violation of a restraining order for the first time is a misdemeanor. Violating this could lead to one year in county jail and a $1,000 fine.