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
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.
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.
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