Q: While on community corrections can i get credit for time being supervised if my probation was revoked and I go to prison
A: If I understand your question, I think you are asking if the time you spend on probation counts against the time you might have to serve if the probation is revoked.
The answer might be different in different jurisdictions, but in any jurisdiction I am familiar with, the answer is no.
If you are sentenced to three years in prison with all of it suspended and you are put on three years probation, and you mess up and get your probation revoked on the LAST day of your three year probation, you still owe the court three years in prison.
The judge may not GIVE you all that time, but he COULD. Judges frequently suspend some of the time if you have done well on probation but mess up at the end. The judge may even suspend ALL the time upon revocation, or just terminate your probation as unsuccessful. but this is entirely in the judge's hands.
If I misunderstood your question, and you were actually asking if you get jail credit for time you spent in a community corrections facility or halfway house PRIOR TO your sentencing if your probation is later revoked, the answer is, it all depends.
In some jurisdictions, any day you are not free to leave counts as incarceration, and comes off your sentence as credit for time served. However, in other jurisdictions, halfway house time is specifically NOT credited toward your sentence, by statute. You need to discuss this with an attorney in your jurisdiction to see which applies.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.