If probation starts from the date of sentencing, do you get credit for time served up to that date? 5 Answers as of June 14, 2011

How confusing. Judge signs orders for a jail sentence of 6 months (with credit for time served of say 99 days) and for a probation period of 4 years. Let's say the orders were signed 07/26/07 by the judge and the defendant who pled nolo contendre on 06/28/07 (defendant arrested 05/22/07 for the crime). The orders stating that the imposition of sentence be suspended and the defendant be admitted to probation for the term of four years and committed to the charge and supervision of the Probation Dept under several conditions including the 6 month jail sentence (including the 99 days credit for time served). Also after defendant was released from jail, there was an arrest for a violation of the probation orders on 12/22/07 and a new charge of drinking a beer when probation orders stated that that was a condition of probation which resulted in a 60 additional jail sentence (45 days actually in jail and then re-released and back on probation status). Does this violation change the probation completion date? One more thing, if there was restitution and other various monetary charges the dependent was supposed to pay, but had absolutely no way of paying and still surviving, does probation continue until the monies are paid? What happens if dependent never has money to pay these monies?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
The term of probation is not affected by how much time you are have done before sentencing. Your probation starts on the day you are sentenced and included days in custody after that date. After a violation probation can be extended by the court so that restitution and other conditions of probation can be performed. No, it does not keep going if these conditions are not satisfied unless the court extends it further.
Answer Applies to: California
Replied: 6/14/2011
Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
Yes, you should get credit for time served. For more information, please see my website or call me for a legal consultation.
Answer Applies to: California
Replied: 6/14/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
Ok there is a lot going on here so I will do my best. Probation starts from the date you are sentenced. You will get jail time credit for the time you were in custody prior to being sentenced. If you pick up a probation violation your probation can be stayed for a limited time until your probation is reinstated. This means there could be more time added to your 4 year probation term.
Answer Applies to: California
Replied: 6/14/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You get credit only for what the court specifically states in your sentencing paperwork. Probation starts on the day of sentencing and runs full term as specified. Consult your original attorney for his interpretation if this is as complex as you are making it. If you dont comply with all terms, including restitution, you face violation and return to jail on the original sentence. You shouldnt have pled to terms you cant complete.
Answer Applies to: California
Replied: 6/14/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
The period of probation starts when the court pronounces judgement, i.e., xyz time in jail, obey all laws, etc.. If the period was 4 years, probation terminates 4 years later. Unless the court revokes probation. So, if D gets drunk, fails to report, and court issues a warrant or otherwise tacks action to revoke the grant of probation. The period of probation stops running. If it stopped for two months, even if D is in custody for the violation, you add that time to the end. Restitution and monies owed are not necessarily the same thing. A willful failure to pay can be treated as a violation. Sometimes courts extend the period to collect. One does not necessarily have to agree to an extension. Sometimes its a good idea. The victim has 10 years with a potential 10 year extension, after probation ends to collect the restitution. A defendant's survival, like paying child support , is of a minimum concern regarding the issue of paying restitution. I would not be caught consuming steaks, any alcohol, smoking anything or doing drugs. That's money you could be paying to the victim.
Answer Applies to: California
Replied: 6/14/2011
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