I don't know Nebraska law, but it seems like Dennard is on the hook for 6 years for his conviction for assaulting an officer (5 year felony) and resisting arrest (1 year misdemeanor).
Law:
http://nebraskalegislature.gov/laws/statutes.php?statute=28-931
Penalty:
http://nebraskalegislature.gov/laws/statutes.php?statute=28-105
If so that means his 30/60 day sentence is pretty light. He's likely still on the hook for the 6 years. Or, as a best case scenario, 5 if the misdemeanor jurisdiction has run and there's no special law for consecutive sentencing re: misdemeanors and felonies. Meaning if he violates again the judge can give him whatever she wants to. (As she could have this time around.)
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A quick primer on probation -
most legislative schemes (all that I know of anyway) don't count your out of custody "probation time" as "time served." Instead, your probation runs for however many years it runs, and if you violate probation, you can get sentenced for up to the max of the original crime.
You can think of it as not being sentenced "for the violation" but having what would have been your hypothetical "original" sentence suspended while the court lets you prove you can behave well in society. Of course, you often don't get to see/know your hypothetical "original" sentence (this varies by state) and as a practical matter the severity of the probation violation often plays a role in the post violation sentence. So a guy who is doing well on a not serious crime who hits a bump in the road may get a slap on the wrist or be allowed to re-enroll in probation with slightly different terms. Whereas a guy who really screws up (new crime) and who committed a serious crime might get launched (serious prison time).
This leads to the (false) popular perception that the
probation violation itself is what gets sentenced. (I.e., if the violation is a small one, you won't get a lot of jail time.) While that outcome is sometimes true in practice, many jurisdictions just let the judge launch you if they happen to feel like it that day. There is no requirement that the judge give you a warning or whatnot - any violation, no matter how "innocent" or minor, can result in a very severe sentence. There's also no requirement the original judge sentence you. You could end up in front of a new judge if the old one gets transferred, etc.
I've heard dozens of guys say something like:
- "I'm going to prison because I got caught with a little weed on me?" Yep.
- "But it's just a misdemeanor and I didn't hurt anyone." Too bad.
- "And the cop lied in the original case." The original case you plead guilty to? - the closed case.
- "Everyone knows that original case was BS." In which case you should have tried it then, instead of pleading guilty.
- "Can I open it back up?" No, the judge colloquied you for 10 minutes when you took probation.
- "Can I fight the probation violation?" Sure. (But in FL you don't get a jury, which means the judge decides whether or not the violation occurred, and the standard is that the prosecutor has to convince the judge there's a 51% chance a violation occurred. So since you have no witnesses, it'll be your word against the arresting officer's word, the probation officer's word, plus the scientific test. And just so you know, it's the judge you acted like an irate thug in front of when you were brought in here this morning. If you fight it and lose, I'm sure when he sentences you, he'll be in a good mood having sat through a 2 hour hearing.)
- "But it's not fair - are you saying he'll give me a longer sentence if I fight it?" I'm saying there's no way to prove to anyone that you got a longer sentence. And in my experience, the judge tends to sentence more harshly than the prosecutor's deal.
- "Your experience - what do you know? I could win!" Aren't (I/my colleague over there) the guy who said probation was a huge risk in the first place?
Moral of the story - probation is serious.
**
The DUI is now a "stand alone" crime. Most states have law saying that once your probation is modified you can't be violated for an earlier incident. So Dennard is likely "locked in" to his new probation scheme.
That said, he could get whatever he gets on the DUI, and, if found guilty, the judge on that case may or may not have the same flexibility as this judge.