Can a person that is being sentenced two a year and a half, stay on rikers island?

Asked over 1 year ago - Bronx, NY

My boyfriend violated probation which he was suppose to be on probabtion for 5 years. Proabtion had put a warrent out for him which he is now incaratted for. For the probation case there giving him a year and half. and also has 2 seperate charges for drugs which were a CFelony and a D Felony. Is it possible that he can serve the whole year and a half on Riker's island or will they send him upstate?

Attorney answers (4)

  1. Jay K Goldberg

    Contributor Level 16

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    Answered . If he has open cases, he could stay in Rikers awaiting disposition or trial on those charges. Otherwise, he would be sent upstate.

    I have been chosen by Superlawyers as one of the top criminal defense lawyers in NYC. I was a First Deputy Bureau... more
  2. Howard A. Schwartz

    Contributor Level 19

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    Answered . The defendant could be kept at Riker's while his open cases are being resolved. This is done to make transportation easier for the agencies bringing the person to court.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094... more
  3. Eric Edward Rothstein

    Contributor Level 20

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    Answered . Once he is sentenced on all cases he will go upstate.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  4. Joseph A Lo Piccolo

    Contributor Level 20

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    Answered . No---has to go upstate.


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more

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