kings_county
May 20, 2008, 10:25 AM
Hi- I have served 78 days on a disorderly persons (max 6 months on that) and was released w/ time served and 1 yr. probation. Have violated probation with another DP,simple assault, which is likely to be dropped, as the alleged victim will not participate in prosecution and is asking the prosecutor to drop it. The victim has not been subpoenaed(SP?) and there are no witnesses. If I am returned to jail for the VOP, will the time I spend also be credited toward the pending charge? Also, the paperwork for my first sentence gave me credit for only 63 days because I spent the first 15 on Rikers Island in NY awaiting extradition, which I waived on day 1. My lawyer mentioned that this was just a mistake and if I should ever need to return to court, I can get the right credit. This is correct, yes?