O.K.- so I'm about to possibly be returned to custody for a violation of probation and I'm being paranoid. I am on probation for a disorderly persons offense for which I served 78 days. I copped to the agreement 'time served upon date of sentencing & 1 yr. of probation'. The max for this is 6 months. My attorney said that if I returned to jail, the 78 days I served will be credited toward the 6 months. I suppose I believe him but would love confirmation from you wonderful experts. Also, in NJ, I am told you do 2/3 of your sentence if all of your gain time is granted. Will this be the case for the 6 month D.P. sentence? (New Jerseyans would know this one.) For anyone who has followed my previous posts, After a month of franticly daily calling my P.O. about my new summons and leaving repeated messages with no response, my P.O. sent me a notice telling me to come in next Tuesday, as It has been a month since my last urinalysis. I left a message telling her that our local free bus service couldn't get me there until Friday. She left a message saying that Friday at 9:00 AM would be fine. I'm hoping that she will not jail me until this new charge is dispensed with and hope that her request to have me come in is promising. I am, however, fully preparing to be arrested on the spot. Wish me luck and thanks for your previous insightful responses!

Yep, I kind of agree with you about the Go Directly to Jail and do not go past Go on this one. You will be credited for the 78 days regardless. What you have to do to earn the gain time is something else. More than likely you will be sent to county jail to do your time. Be sure that you volunteer to do a job there. They can have jobs in the kitchen serving meals, washing the cop cars, washing the floors, etc. The second you get to the jail ask someone for a kite (a form you fill out to make a request) and ask in that kite that you want to do any job at the jail that you can. You'd be surprised at how quickly you'll be given a job as a lot of the inmates are lazy with a capital L. You need to find out how many good days you get per hour many days you work. It can take a lot of days off your sentence and the time served will go by very quickly for you. And yes, the 6 month sentence would qualify you for the gain time thing. Sentences less than 6 months would be iffy at best on the gain time. Some jails give extra perks for doing inmate jobs. You could get some extra food at mealtimes as well and you seem to earn the respect of the jailers and the people in charge who can make sure your efforts are brought up to the judge as the judge determines if you get out early.

Yes, the previously served time would be counted. The gain time is not a for sure. But honestly, PO saying OK to come in latter and the such, it does not sound like they are going to arrest you, my guess if they were, you would already had been in handcuffs. They may be giving you another chance.

I hope so FR. Thank you both! (Hey FR_Chuck- if you pray for me, I'll pray for you; deal?.