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Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1366
Experience:  Experienced Criminal Trial Attorney since 1998.
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If my sister is on community control with the bracelet and

Customer Question

If my sister is on community control with the bracelet and they violate her for a day she was home and we have proof what can we do? also, if they find her guilty how long will they give her if she was sentenced 6 years of probation and she only had to serve 2 years of community control and now she only has 9 mnths left on community control?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Legal-Guru replied 5 years ago.
(1) She is entitled to a hearing on her probation revocation. She will have an attorney appointed to her if she cannot afford one. In either case, you need to turn over whatever evidence or witnesses you have to her location so that he/she can present that at the hearing. He/she may also choose to use that in attempt to get the state to dismiss the revocation proceeding or negotiate a lesser sentence.

(2) She could be revoked up to the maximum amount of her probation which you said is six years. The term of supervision has no bearing on the amount of time she could be revoked for. Having said that, six years is the maximum. It would be unusual for a single violation that was not committing a new crime or absconding probation would result in that severe of a revocation.