Hamblin Law Office | Sally Hamblin
The only credit given is for jail time, and not probation. That is why if someone is granted probation, they should adhere to all terms. One can do most of the probation, violate and go to jail or prison. No time credit given for probation time, excluding jail credit.
Answer Applies to: Michigan
Law Office of Mark Bruce | Mark Corwin Bruce
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.
Answer Applies to: California
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
One typically does the incarceration time first. If he violated probation, then he can be sentenced to the full remainder in jail.
Answer Applies to: Pennsylvania
Charles M. Schiff, Attorney at Law | Charles M. Schiff
No, it would be highly unusual for a court to credit probation as jail service. Probation is considered much less onerous than prison or jail time. A criminal defense attorney in your area would be able to tell you how much actual jail service would be required on a five year sentence.
Answer Applies to: Minnesota
Lawrence Lewis | Lawrence Lewis, PC
Sentenced to five years in prison, or on probation. If defendant was on probation, and violated probation, and was sentenced to prison, the defendant will serve whatever sentence the judge indicated to be served in prison. There is no credit for jail time with time spent on probation, unless the probation was originally served on first offender probation. This is a difficult question to answer, because you are missing some pieces.
Answer Applies to: Georgia
Timothy J. Thill P.C. | Timothy J. Thill
Generally speaking, probation time will not count against prison time. The only time credit you might get is time spent in custody up to the time you made the original bail, or any other incarceration on this case that you had up to the present time.
Answer Applies to: Illinois
David Lurie, Criminal Defense Lawyer | David M. Lurie
Time served on probation does not count against prison time. If he/she has his/her probation revoked and the Judge executes the sentence the Missouri Department of Adult Corrections, will look at his time to do as 5 years. Depending on how many times he/she has been sent to the penitentiary before will be one of the factor determining how long before he/she will be eligible for Parole.
Answer Applies to: Missouri
Mary W Craig P.C. | Mary W Craig
Time spent on probation does not count against time to serve on the charge. If the defendant was sentenced to five years, served four years on probation and then violated probation, he will have to serve the five year sentence and none of the time on probation counts. Any time he spent in jail prior to bonding out, however, will count toward the sentence. In Alabama, a defendant will have to serve about 20 months on a 5 year sentence to complete the sentence.
Answer Applies to: Alabama