My BF was sentenced "Time Served to 23 months" for his new case. He served 6 months already.. But he was also on Supervised Probation so he had to see his "back judge" and he sentenced him 1-2 years. So im confused, will he have to do 23 months plus an additional 1-2 years. Before getting in trouble his Probation would have been over March 2015
Time served means just that. He will not do anymore time on the case you listed first. However, that case was a violation of the probation on the second case you mentioned and he was resentenced to 1- 2 years. Thus, the time he will serve is the 1-2 years.
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Criminal Defense Attorney
Timed served usually means immediate parole. You don't say whether the one to two years was consecutive or concurrent or whether he go any credit for any time served on the one to two. One to two is a state sentence so he will have to apply to the state paole board for parole. His attorney should be able to answer your question.
Federal Crime Lawyer
Rarely will a defendant serving supervised probation who is arrested on new charges not have an attorney; either privately retained or court-appointed. That attorney is the best source of information and your question is best answered by beginning there. However, based upon the information provided in your question, if your boyfriend received a time-served sentence, the time spent in jail after the sentencing date on the second offense will usually be credited to his previous sentence. Because his back judge on the first offense sentenced your boyfriend to 1-2 years, his release date is now governed by the state parole board. While your boyfriend is in prison, the state board will perform a review to determine if there is any other credit due your boyfriend. By your scenario, your boyfriend's release date will be no later than his max date of March 2015.
Criminal Defense Attorney
Calculating time credit is always tricky. Judges rarely give you double credit for a probation violation. Once your BF was paroled and then resentenced, the time starts running on the probation hit. Once he hits state prison, someone will calculate (and collect the paperwork) his time and give him a release date.
The time between the sentence and the violation of probation will most likely go to the new case not the violation of probation (mostly because few attorneys let the back judge know the parole date and the sentencing sheet lists the date of resentencing).
Based on the information given, your BF will be parole eligible (sooner if he is RRRI eligible) one year from the resentencing and would be released in 2 years if he maxes out
The answer is probably 1-2 years. The back judge's sentence appears to be the case your boyfriend must serve time on. He most likely had an attorney. They would be the best source if advice on this matter, as more information is needed to comprehensively answer the question.
This response is for informational purposes only and does not constitute legal advice. The response is intended, but not promised or guaranteed to be current, complete, or up-to-date. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between Mark D. Copoulos, Esquire and any party. The responses provided on this website are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in these responses without first seeking the advice of an attorney.