If my probation is revoked and terminated, how long will I be sent to prison or jail?

It depends. The length of time that you will be sentenced depends on what the judge ordered at the time you were sentenced. When you were initially sentenced to probation, the sentencing judge had the option of either ordering that the Execution of Sentence be Suspended (ESS) or ordering that the Imposition of Sentence be Suspended (ISS). Trying to figure out if the judge imposed ESS or ISS can be tricky. This is a complex area of law, so ask your lawyer if the judge ordered ESS or ISS. Here are the basics:

    ESS means that the sentence is only executed (meaning, you serve the sentence) if your probation is revoked because you violated your probation conditions.
    ISS means that your sentence has not yet been determined at the time the judge sentences you to probation. But, if you have ISS and you violate the terms of your probation, and you probation is revoked, then the court, at time that the court finds you in violation of your probation, will sentence you to whatever length sentence (up to the maximum for your specified offense) it deems appropriate.[869]
  1. 869

    If you plead guilty and have ISS, then whether or not your sentence will be imposed in front of the same judge who accepted your guilty plea depends on whether or not you signed an Arbuckle waiver. An Arbuckle waiver occurs when a defendant waives his right to be sentenced by the same judge who presided over his/her trial/accepted the change of plea. Without an Arbuckle waiver, any sentencing imposed by another judge is unlawful.