Thursday, February 11, 2016

If you violate conditional release / community supervision do you get credit for time served / CTS? ~ Chosen as "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Will he go back to prison for 18 months or 3 months remaining on his sentence. does the time on conditional release count on his sentence.  My boyfriend was released from prison 15 months ago, with 18 months on conditional release. He violated with a DUI, use of alcohol and curfew. He has kept a full time job paid fines and and has always been on time for curfew. He has 3 months left on his conditional release. His sentence was 10 years he did 8 1/2 years with parole for 18 conditional release for 18 months.



A:     Chosen as "Best Answer" by Asker on www.AVVO.com


Licensed in FL



1

Helpful vote
Best Answer
chosen by asker
Answered . You do not get credit for any time which is not spent in actual lock-down custody. Probation, community control, parole, conditional release, halfway houses.... none of that time counts against a subsequent sentence for a violation of any form of supervised release. You do get credit for all time actually served.

I don't know what your beau's statutory max was on his original offense but let's say it was a 2nd degree felony (punishable by a max of 15 years) and that he served 9 years total in custody, then he'd face 6 more on a VOP sentence. Similarly, if it was a 1st degree felony (punishable by a max of 30 years) and he served 9 then he'd face an additional 21. In any event he would not get credit for any of the time the he spent being supervised while out of custody.

He needs a lawyer to assist him on both his new substance offenses and his imminent VOP / VOCC / VOCRD.

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)



For 25 years years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  


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Michael A. Haber, Esq. is prepared to speak with you about your case!


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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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