Hi again! Last Sept. I was arrested in NY and waived extradition to NJ on day one. I arrived in NJ 15 days later and after a total of 78 days, was given 'time served & 1 yr. probation'. On my paperwork, I was given credit for only the time I spent in NJ: 68 days. This seems to be an error in how the paperwork was read. My attorney later said this was correctable if I ever returned to court as I am entitled to credit for the 15 days in Rikers Island as well. It is my understanding that this is not discretionary and the judge must allow credit for this time. Can anyone confirm this for me? Sorry if it seems as if I asked this before, but I didn't get a response the first time. Thank you all as always!

Sorry- it was 63 days credited...

Why are you so concerned about the other days being credited or not? If you are that upset about everything have your attorney "correct" your paperwork on this. Are you concerned you will be going back to jail in case you don't complete the year probation time? Once the year probation time is out of the way, the 15 days won't make any difference whatsoever.

Days credited will only matter if your probation time is revolked, and then at that hearing your attorney can get it correected.
There is no need or reason to go back to court to get it corrected at this point and time. It is likely when doing the paper work, the judge did not see the other time on his records.

So unless you know you are going to have it revolked it honestly does not matter

Yes, actually- as I mentioned in my last questions, I am going back to court. In any event, thanks for your input!

The reason you were not credited with those 15 days may be because they were served in NY. NJ may not consider those days as days held because they were not in that state. Just like a similar charge in two states, you get credit for the second state only when you serve time in the second state not credit for both at one time... Contact your lawyer, make him/her take care of it and interpret the law.

Nope- it was just a typo! I got credit. Thanks everyone!