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Can house arrest qualify for time served or shorten prison time if sentenced for violation of probation?

Hollywood, FL |

did two years on house arrest. was sentenced to 3 yrs for violating probation. lee county, fl

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Attorney answers 3


VOP is a new charge. You don't get credit for time you served prior to committing the VOP.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.


I believe Mr. Tomas is mistaken. You absolutely receive credit for any time served on the original offense. For example, if you sat in jail for 3 months prior to entering a plea where you were placed on probation. If you get a VOP and are sentenced to 1 year, you will receive credit for the 3 months you originally served. The question you are asking is whether you get credit for house arrest, not jail time. Unfortunately, house arrest or community control, is simply a stricter form of probation, it does not count as credit for time served. If you were sentenced to a jail or prison term to be served on house arrest or work release, that would count as credit for time served. It ll depends on how you were sentenced.


House arrest is viewed as a second chance -something a court will order when it wants to punish a defendant, but not to the full extent of the law. Therefore, house arrest or probation will not qualify as time served or lengthen a sentence of incarceration. The only thing that counts for jail time is actual jail time, so if you served time for the charge in question prior to being ordered to house arrest, that time should be subtracted from your 3 year VOP sentence.