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Apr 22, 2018

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authorize punishment for violating the terms of a conditional discharge and probation," Budelmann said. "I think we assumed the normal provisions would apply — up to the maximum exposure."  On Tuesday, Zirbel was restored to probation following an appeal by assigned defense attorney David Elkovitch. Elkovitch successfully argued that Zirbel "maxed out his underlying time" and could not be sentenced to additional prison time for the violation.  "We agree with defendant that the court lacked the authority to sentence him to more prison time after his initial term of imprisonment