Is revocation of probation automatic, or is it an area where judges/DAs have discretion? It just seems unlikely that he'll be locked up with the way the US legal system works these days. Nothing short of a dead body seems to warrant actual prison time, so domestic violence and some drug charges seem like they'd get pled down, maybe some mandatory rehab time, or a couple weeks in jail, but not real prison time.
Probation is given by a judge, and also taken away by a judge. The probation office will review the terms of the probation and then refer it to the courts to rule on. Unlike parole which is given by a parole board, who have a hearing on if you violated parole and vote to revoke parole.
He will get a trial/hearing on the probation. If found in violation he gets whatever sentence was deferred for the probation.
In Austin's case here, if he is found in violation of his probation and his probation is revoked, he would get the 5 years sentence he was already awarded. In some cases judges can rule that you violated probation and give stricter probation terms if there were good reason. Austin does not have that good reason. As stated he was given probation cus he was a 19 year old white kid with middle class parents who got messed up from da black mans drugs and he'll go to rehab and never do it again ya honah!
Courts really dont like it when they let you out on probation when you promise to get clean...and you stay using drugs for 9 years.
In a probation violation/revokation hearing the judge will look at multiple factors when determining what severity the consequences are including:
-The severity of the incident that lead to the violation (I.E. were you out past curfew and got a speeding ticket, or did you beat your mother?"
-Was the incident related to the original probation (I.E. Did you steal again? Use drugs again?)
-What your behavior has been since being on probation? Are you employed? Going to School? Involved in any programs to stay clean? Outsanding member in your community? Or are there videos of you making crack pipes and stating how much you think rehab is a joke?
Take into account also how many times police have responded to reports at his house? We do not know that all of them are for rats calling in...its believed neighbors have called in cus of Austin's yelling, thinking there were domestics. Now suddenly bossmAndrew is in the mix and they have evidence, instead of the parents constantly going "no no he's a good boy! nothing happened we are fine"
