Q: In NYS, if I did a year on a misdemeanor charge, isn’t it illegal that i still have to complete 3 years of probation?
If a misdemeanor (A or B) is punishable by up to a year of jail or 3 years of probation, how’s its possible to do both
A: An A misdemeanor has a maximum sentence of 1 year. A B misdemeanor has a maximum sentence of 90 days. An A misdemeanor maximum term of probation is 3 years. If you have already served the equivalent of 1 year in jail and were subsequently sentenced to 3 years probation, this is technically not illegal. However, if you violated the conditions of your probation and were sentenced to a jail sentence, as punishment, you could not do any more jail time as you have already served the maximum sentence for an A misdemeanor allowed by law.
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