Before I met him, my boyfriend was sentenced for misdemeanor DUI in Idaho in Aug 2008. I don't know all the details (haven't seen the original paperwork yet), but he spent 40 days in jail and told me that 10 months were suspended as long as he completed the terms of his probation. Probation was for 1 year, alcohol classes and random pee tests. He completed 8 months of probation then stopped doing his classes and stopped seeing his PO. A warrant for probation violation was issued in June, 2009. He's done nothing since and thinks he can wait it out and his charges will expire. If I understand correctly, warrants don't expire, but does the original sentence expire?
I found this in Idaho Code:
"19-2603.PRONOUNCEMENT AND EXECUTION OF JUDGMENT AFTER VIOLATION OF PAROLE. When the defendant is brought before the court in such case, it may, if judgment has been withheld, pronounce any judgment which it could originally have pronounced, or, if judgment was originally pronounced but suspended, the original judgment shall be in full force and effect and may be executed according to law, and the time such person shall have been at large under such suspended sentence shall not be counted as a part of the term of his sentence, but the time of the defendant’s sentence shall count from the date of service of such bench warrant."
The last line made me wonder if the remainder of his unserved sentence (10 months) would run from the time the warrant was issued in June 2009, and therefore have run out, or am I completely misreading that? If he turned himself in now, having violated his probation, could they make him serve the rest of his sentence this long after the fact?