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?

Hello kings:

So, you bought the "it's only a mistake - they'll fix it when you go back to court", routine, huh? Good luck on that one.

No, I don't believe the time you spend on the violation will count toward your sentence.

excon

Any other takers? Please? I'm sure ex-con is a great guy and all... anyone want to tell me that they'll shower me with amenities? c'mon!

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Originally Posted by kings_county

Any other takers? please? I'm sure ex-con is a great guy and all... anyone wanna tell me that they'll shower me with amenities?? c'mon!

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Got to agree with Excon - sorry.