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jusapup2012 · Jul 9, 2012, 05:04 PM

I posted the felony probation violation question earlier. NOTE: last year I served 4 months for testing positive for drugs, this is why I ask if any time awaiting extradition would count towards the remaining 8 months I have left on my max sentence. Will time served out of state on this violation holder count and be deducted at sentencing ?

excon · Jul 9, 2012, 05:10 PM

Originally Posted by jusapup2012

will time served out of state on this violation holder count and be deducted at sentencing ?

Hello j:

Time paid to one state does not reduce the time owed to another state.

excon

jusapup2012 · Jul 9, 2012, 05:55 PM

To excon. Did you even read my question on extradition ? I only owe ont state time. AGAIN, if I'm picked up and held for the state my case is in, DOES the time I serve awaiting extradition count, and will it be taken off the 8 months I have left to serve if imposed??

excon · Jul 9, 2012, 06:02 PM

Hello again, j:

Yes, I did read it.. I haven't changed my mind.. If you are waiting for extradition in one state, I don't think that time will count in the extraditing state.

excon

jusapup2012 · Jul 10, 2012, 11:57 AM

To excon. Hello, thanks for your reply so for me to understand your answer: example, Im on probation in Ohio and violate it for not reporting. I have already served 4 months of a 12 month sentence: leaving a 8 month remaining sentence.. Say I go to Florida and get my i.d. ran and they see Ohio has a warrant for me. If Florida confines me for Ohio until Ohio comes to get me, the ONLY reason I'm being held in Florida IS FOR OHIO, I've committed no crime in Florida, so your telling me the time I'm being held solely for the case in Ohio won't count ?

excon · Jul 10, 2012, 12:56 PM

Originally Posted by jusapup2012

so ur telling me the time im bein held solely for the case in ohio wont count ?

Hello again, j:

It's worse than that... You time doesn't count from the day they violated you, and/or the day you left the jurisdiction.. It'll start again when you get back.

excon

jusapup2012 · Jul 10, 2012, 02:03 PM

NOW the real answer which came from the mouth of a 27 year criminal attorney. Your time counts off your maximum sentence the day the detain you for another state for a felony probation violation,BECAUSE you are being held for that offense, HOWEVER it will stop if you fight extradition... END of debate and false knowledge...

AK lawyer · Jul 10, 2012, 02:05 PM

Originally Posted by jusapup2012

to excon. hello, thanks for your reply so for me to understand ur answer: example, Im on probation in Ohio and violate it for not reporting. I have already served 4 months of a 12 month sentence: leaving a 8 month remaining sentence.. Say i go to florida and get my i.d. ran and they see Ohio has a warrant for me. If florida confines me for Ohio until Ohio comes to get me, the ONLY reason im being held in florida IS FOR OHIO, ive comitted no crime in florida, so ur telling me the time im bein held solely for the case in ohio wont count ?

It would normally be up to the Ohio judge. If I were the judge, I would tend to say no, it doesn't count. Especially if you failed to waive extradition from Florida.