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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116716
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Offence A friend was sentenced in 2003 for the following 1.

Customer Question

A friend was sentenced in 2003 for the following:
1. NewBritain, CT - Illegal Sexual Contact - Class C Felony - 10 Yrs
2. Manchester, CT - Illegal Sexual Contact - Class B Felony - 10 Yrs

Sentence ran concurrently and Suspended after 2 years served.
Remaining 8 was to be served on probation with the following conditions:
a. Register as a sex offender for 10 years (along with all the stipulations for a registered sex offender: report address, etc..)
b. Attend sex offender classes

Probation Violation:
Offender, was arrested April 2011 and facing a Failure to Register Charge.
Offender had not registered address for at least 5 or 6 years.

I am almost certain his probation will be revoked and will be required to serve jail time.
1. If he is required to serve the remaining 8 years in jail for this violation, will he have to serve 8 years starting with 2012 through 2019 for a total of 8?
2. Or being that he began serving time in 2003 and was released on probation in 2005. Will he just serve the remainder of time up to his original release date of 2013 which would be two years? (if he had of served the entire 8 years from sentence date of 2003 to 2013)
3. Being that he is guilty of the probation violation, what value would hiring a lawyer bring to assist with his sentencing?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 years ago.
He will be required by the court to serve up to the entire sentence that was imposed upon him originally minus credit for any time he actually served in jail prior, so yes, up to 8 years he can be sentenced to on the probation violation.

He gets no credit for the time he has been out on probation/parole towards the time he has to serve on the probation violation.

Having an attorney can help in that the court has discretion in how long they sentence him up to the 8 years, so the attorney can negotiate for a lesser sentence in jail.

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