Can the probation time count as prison time? 18 Answers as of June 27, 2013

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?

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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
Replied: 10/7/2012
Law Office of Mark Bruce
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
Replied: 10/6/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
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
Replied: 10/5/2012
Charles M. Schiff, Attorney at Law
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
Replied: 10/4/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Time on probation is not counted as jail time for the purposes of calculating a sentence.
Answer Applies to: Kansas
Replied: 10/4/2012
    Michael Breczinski
    Michael Breczinski | Michael 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.
    Answer Applies to: Michigan
    Replied: 10/3/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Probation does not count towards any prison time. So, if the defendant is facing down 5 years, he/she is facing 5 years even if they spent 4 years 364 days on probation.
    Answer Applies to: Texas
    Replied: 10/3/2012
    Lawrence Lewis
    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
    Replied: 10/3/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    No, if the sentence is suspended I he will not need to do prison time unless he violates probation.
    Answer Applies to: Nevada
    Replied: 10/3/2012
    Timothy J. Thill P.C.
    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
    Replied: 10/3/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    They are two separate things. One does not count against the other.
    Answer Applies to: Washington
    Replied: 6/27/2013
    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
    Replied: 10/3/2012
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