How long can a probation hold last?

Asked by: Nash Wiza  |  Last update: February 15, 2026
Score: 5/5 (10 votes)

A probation hold's length varies but typically lasts days to a few weeks, allowing time for an investigation and a hearing, with some states like Wisconsin setting initial limits (e.g., 3-5 business days) that can be extended by supervisors for ongoing investigations, but ultimately, the hold ends when a judge rules on the violation, potentially leading to sanctions like more jail time, fines, or even revocation of probation for the original sentence.

How long can a probation officer hold you in jail?

If you are suspected of violating probation, a probation officer can request a hold, and a judge can issue a bench warrant for your arrest. In many cases, you can be held in county jail until your violation hearing. This could mean a few days, but in more complex or crowded jurisdictions, it could last several weeks.

What is the new law on probation violations in Virginia?

Virginia's new probation violation laws (effective July 1, 2021) significantly limit jail time for technical violations, creating a presumption against incarceration for first/second offenses, while allowing up to 14 days for a second violation if necessary, and reserving full original sentences for repeated issues or new crimes, shifting focus to rehabilitation and defining technical violations like missed meetings, failed drug tests, or firearm possession.
 

What are the rules for probation in Wisconsin?

Probation Rules in Wisconsin

  • Meeting with probation officer regularly.
  • Coming to scheduled court appearances.
  • Staying away from specific people or places.
  • Not using drugs or alcohol.
  • Submitting to drug and alcohol testing.
  • Not leaving the state without probation officer's permission.
  • Following all laws.

What happens in GA if you violate probation?

In Georgia, violating probation can lead to serious penalties, including extended probation, added conditions (like counseling), fines, community service, or outright revocation, potentially sending you to jail for the remainder of your original sentence, especially for felonies or new crimes, and often triggering a court hearing and arrest warrant. 

How Long Can They Hold You For A Probation Violation? - Law Enforcement Insider

40 related questions found

What is the 90 day rule in Georgia?

Georgia's "90-Day Rule" (O.C.G.A. § 17-7-50) grants felony defendants denied bond the right to have their case presented to a grand jury within 90 days of incarceration; if the state fails to indict within that period, the defendant can petition the court, which must then set a reasonable bond. This rule ensures timely action, preventing indefinite jail time, though it requires a defense attorney to file a motion for bond and a judge to set the specific amount and conditions. 

What is the most common probation violation?

The most common probation violations involve technical violations like missing meetings with a probation officer, failing drug/alcohol tests, not completing community service, or failing to pay fines/restitution, alongside the more serious offense of committing a new crime, which often leads to immediate revocation. Violating curfews, traveling without permission, or contacting prohibited individuals are also frequent issues.
 

How long can a probation hold last in Wisconsin?

In Wisconsin, an initial probation hold allows an agent to detain someone for up to 5 business days, extendable by a supervisor for another 5 days, and by a regional chief for a final 5 days (totaling 15 business days initially). However, once revocation notices are served, these limits end, and detention can continue for much longer, potentially indefinitely, while awaiting a revocation hearing, which must typically start within 50 days for those held in county jails. 

What is the 72 hour rule in jail?

The "72-hour rule" in jail generally means law enforcement must bring an arrested person before a judge or file formal charges within 72 hours (excluding weekends/holidays) of arrest, or the person must be released, though this is a guideline, and delays (especially for lab results) can occur. This initial appearance, called a preliminary hearing or arraignment, determines bail and appoints counsel, influencing the case's early direction.
 

What not to say to a probation officer?

When talking to a probation officer, don't lie, make excuses, complain about the system or judge, volunteer negative information, or act disrespectful, as these actions damage credibility and can lead to violations; instead, be honest (but concise), take responsibility, be cooperative, and always consult your lawyer before discussing new legal issues or potential violations. 

What is the longest you can be on probation for?

Typically, they last three months in length. However, there is no strict rule that says you must do this. The upper limit is typically six months, with any longer running the risk of being unreasonable. The most common length for a probation period in the UK is either three months or six months.

Does a probation violation stay on your record?

The violation attaches itself to your original case. If the court revokes your probation and sentences you to jail time, that shows up too. Your original conviction stays there unless you take steps to remove it, and the violation finding just sits right there with it. Employers run background checks.

What are probation officers not allowed to do?

A probation officer (PO) cannot violate your constitutional rights, impose new terms not set by a judge, conduct searches without cause or warrant (unless consent is given for certain conditions), provide legal advice, use excessive force, or revoke probation themselves (they only recommend it). They must respect your privacy, and any significant changes to probation, like arresting you or modifying conditions, requires a court order or due process. 

Can you walk away from being detained?

If the officer says that you are not being detained or you are free to leave, then you can walk away calmly. An arrest requires probable cause and occurs when a person is taken into custody by law enforcement officers. Law enforcement agents do not need a judge-signed warrant to arrest someone in public.

Can a judge give you probation instead of jail time?

California state law offers many sentencing options for an individual convicted of a crime. Instead of being subjected to jail time, defendants may be given probation. This system allows the individual to walk free and continue living in their community while under supervision.

How much is $20 worth in jail?

With $20 per month, the prisoner could at least purchase soap, quality toothpaste (and a quality toothbrush), and batteries for their radio. Even a single check for $15 could allow a prisoner to purchase a few comforts which would traditionally be outside of their reach.

How long are you legally allowed to be detained?

Penal Code § 825). This “48-hour rule” means that within two days, you must either be charged with a crime or let go. However, there are a few exceptions that may allow the police to hold you for more than 48 hours, such as if you're arrested on a warrant from another county or if a judge grants a special extension.

What's the longest you can be on a jail call?

Call limitations vary depending on the prison's rules, but calls are typically limited to 15 minutes each, and inmates must wait 30 minutes before being allowed to make another call.

How long are you in jail for probation violation?

Jail time for a probation violation varies greatly by state and violation type (technical vs. new crime), but generally, judges can order shorter jail stints (e.g., days to weeks for minor issues) or send you back to prison for the ** maximum sentence of the original crime**, especially for serious new offenses. Penalties range from a few days for first-time technical violations (like missing an appointment) to potentially years if the violation involves a new felony, with some states limiting jail time for technical violations. 

How long can you be in jail before being charged?

You can generally be held in jail for 48 hours without formal charges, though this can extend to 72 hours (3 days), especially over weekends or holidays, before a judge must find probable cause or the prosecutor files charges, requiring release or a bail hearing, though exceptions exist. The U.S. Constitution guarantees the right to a speedy arraignment, meaning law enforcement can't hold you indefinitely without a prosecutor deciding to proceed with charges or release you, often after your initial appearance before a judge. 

How bad is a felony H in Wisconsin?

A Class H felony in Wisconsin is punishable by up to 6 years in state prison and a maximum fine of $10,000. Class H felonies in Wisconsin include OWI with minor, 4th offense OWI, and 200 grams to 1 kg possession of marijuana with intent to sell (Wis. Stat. § 939.50.).

What are the five types of probation?

What are the five types of probation?

  • Attending counselling. Submitting to alcohol or drug checks. Making restitution payments to victims. ...
  • Community control: This is the strictest type of probation. Many individuals perceive community control as a jail sentence, but without actually going to jail.

Why do most people fail probation?

There are a wide range of reasons why people fail their probation: absences and poor time management are common complaints, and cultural issues like personality clashes are also amongst the more common problems.

Does probation violation go on your record?

In California, probation is typically granted as a pronunciation of clemency towards an individual found guilty of an offense. Probation can sometimes be used as punishment in place of a jail term. Violations of your probation can have serious repercussions on your criminal record.