Dodge City, KS asked in Criminal Law for Kansas

Q: While on community corrections can i get credit for time being supervised if my probation was revoked and I go to prison

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1 Lawyer Answer

Bernard Crane

Answered
  • Criminal Law Lawyer
  • Washington, DC

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.

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