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    mrhines's Avatar
    mrhines Posts: 1, Reputation: 1
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    #1

    Sep 18, 2011, 08:46 AM
    If my probation is revoked am I eligible for time on the streets
    I was sentenced to 7 yr joint suspension 3yrs ago and placed on 3 yrs probation of which I served 2yrs 11 months 2 days
    I was remanded into custody for 2 positive test one in February and then in May.(death in family) of which I corrected by going to meetings as instructed by my Parole officer and enrolling in school.I was arrested 9-2-11 in court judge had issued warrant on 9-1-11 per their paperwork I did not appear told him I have letter showing 9-2-11 judge said whether you came yesterday or today I am remanding back into custody.On my next court date 9-15-11 he senteced me to the 7 yr joint suspension but I was not given time served for the probation time served (2yrs 11 months 2 days)
    Will I have to do the entire 7 yrs. I am in los angeles county jail now.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Sep 18, 2011, 09:59 AM
    No, of course none of the "time on the street counts" if you were in jail or prison for any of the time, that counts.

    Even the time you set in jail waiting for a hearing can count ( up to the judge)

    But none of the street time out on probation ever courts.

    So yes you can do up to the full 7 years
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Sep 18, 2011, 10:51 AM
    Re-read your original sentencing paperwork. More than likely the judge DID idicate what your punishment would be if you had you probation revoked as far as what time you could face in prison. And time spent on probation does not count - only time you actually spent in jail counts.

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