If a person is on bail does the time they spend out of prison count towards the time they will serve when they are sentence to a

Asked over 1 year ago - Bronx, NY

upstate split bid if its they first time going upstate

Attorney answers (5)

  1. Howard A. Schwartz

    Contributor Level 20

    5

    Lawyers agree

    Answered . No. The only time that counts toward the sentence is time that is spent in jail.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094... more
  2. Joseph A Lo Piccolo

    Contributor Level 20

    5

    Lawyers agree

    Answered . Not at all. Only time in custody counts towards a sentence to be served.


    Joseph A. Lo Piccolo, Esq.
    Past President, Criminal Courts Bar Association
    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
  3. Ian Thomas Valkenet

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . No. When you ask for credit for "time served" you must actually have served the time. You will only receive credit for the time you actually served in custody.

  4. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . No. Only time in jail counts.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  5. Stephen C. Cooper

    Contributor Level 19

    1

    Lawyer agrees

    Answered . No. Its not time spent in jail.

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