If you been lock up for 5 to 10 year and you got out of jail after doing 5 yr and you have two weeks left of probation to go and you violate your probation can they take away your street time?
Criminal Defense Attorney
If your sentence was 5 to 10 years without a consecutive probation, then you are on parole not probation. In that case yes they can take away your street time. depending on the nature of the violation, the State Parole Board has guidelines as to how much time you will spend in jail for a new conviction if the violation is a new arrest. If you had a consecutive probation, then for the probation violation, your sentencing judge can sentence you to any sentence up to the statutory maximum. You should consult with an attorney.
3 lawyers agree
Assuming there is no probation tail, you were on parole. State parole can take your street time. If you are found in violation, the parole board will likely give you a jail sentence, there are guidelines that they follow for how much time for each violation. Once you were released they can make you essentially re do parole minus any additional time you spent in custody. A lot of what I'm saying is based on the basic details of the situation you've described. You need to speak to a lawyer so that he or she can get all of the details, fully assess your situation and then tell you what you can expect. Happy to speak with you further and help if I can. You can find my number on my Avvo profile.
2 lawyers agree