If the judge withholds adjudication and names probation to be fulfilled and u...

[Mimi]

...violate that probation are you? What if you violate the porbation are you chareged with the original felony
If you are chareged with a felony and sentenced to probation with adjutication withheld and you are rearrested on a violation of probation charge can a you be sentenced for the original felony ?

 

[Diana B]

You need to edit this question - it's very poorly phrased, and it's difficult to undertsand what you are asking.

"withholds adjudication" - what's that? What state are you writing from? Where did you hear this terminology?

Probation is a sentence - you are already charged and convicted of whatever you were convicted of (either by pleading guilty or by verdict after trial). The consequence for violating probation is that you face re-sentence to whatever jail time is found appropriate by the judge w/i the range of time provided by the law.

Two things to keep in mind - this person may not have been sentenced to probation, maybe you got your terms messed up; 2nd - probation violations need not be resolved with sentences, just intermediate sanction.

 

[Ben]

That's the idea! Withhold sentencing to see if you adhere to your probation rules for a specific period of time.You're given a break and a possibility to avoid jail if you follow the rules. If you violate, you serve time for the violation and the judge can give you up to the max punishment for the charge.