Probation Violation
In 1999, my husband was sentenced to 10 years probation for DUI that occurred in 1995. One condition of probation was to serve 4 months in DOC which he did. We have lived in South Dakota since 1997 (he went down there for court in 1999) and has had the SD probation deparment supervising him. Each year since 1999, they have requested early release for my husband because of his rehabilitation which has been to no avail. In 2004, he requested himself to be released, the AZ probation department then filed a petition to revoke his probation for not reporting traffic violations and having a drink on one occasion. He reported the tickets to his PO here in SD, but she did not think they needed to be reported to AZ. He went down for the hearing and he was sentenced to a substantially mitigated term of 1 year in DOC with credit for 120 days time served. Is this considered a re-sentencing? DOC is now counting this time as a separate incarceration instead of it actually being the same charge as 1999. To date, he has actually served over 8 months and 6 years probation for this charge.
Thank You
1 Answer from Attorneys
Re: Probation Violation
A violation of probation is not considered "resentencing," it is sentencing on the original charge. Your husband should be eligible for release from D.O.C. according to the law as it was in 1999.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
