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

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?

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Attorney answers 4

Best Answer

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 Chief in the Brooklyn DA's Office and have over 30 years of criminal law experience. Phone: 212-766-3366;


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)

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


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: Phone #: 718-208-6094 email: This answer is only for informational purposes and is not meant as legal advice.


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. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.