QUESTION
Can the probation time count as prison time?
Asked on Oct 02nd, 2012 on Criminal Law - Florida
More details to this question:
The defendant was sentenced five years and served four years on probation. How long does the defendant spend in prison if any time at all?
7 ANSWERS
Speeding & Traffic Ticket Attorney serving Mineola, NY
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Austin Law Associates, P.C.
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Unfortunately by law probation time does not count towards sentence time.
Answered on Jun 27th, 2013 at 12:45 AM
Michael Paul Vollandt
Only custody time is counted not remaining at liberty on probation.
Answered on Jun 27th, 2013 at 12:41 AM
Leonard A. Kaanta
No.
Answered on May 22nd, 2013 at 1:27 AM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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I'm assuming you mean, if he violates probation how much time can he spend. The answer is that the court can sentence him up to the maximum prison time on the charge, no matter how long he spent on probation. More likely, if it was a minor violation, the most the defendant will look at is some local jail time.
Answered on Oct 06th, 2012 at 12:54 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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One typically does the incarceration time first. If he violated probation, then he can be sentenced to the full remainder in jail.
Answered on Oct 05th, 2012 at 1:26 AM
Michael J. Breczinski
Ths only time that counts against the prison time is time the person spent in jail, not time on probation where he is out and about.
Answered on Oct 03rd, 2012 at 12:41 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The rest of the probationary period could be spent in jail if there is a violation of probation.
Answered on Oct 03rd, 2012 at 12:39 PM