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Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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my Husband was sentenced in a crimal case and was ordered to

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my Husband was sentenced in a crimal case and was ordered to 18 months of probation after his time served. He was later picked up on probation violation and then sentenced to the remained of his probation in department of corrections. The reamainder was about 42 days, I was told that once a person is sentenced their time stops and is considerd dead time no matter how long. He has been in jail since Feb 2009 and was sentenced April 2009. My question is is it really dead time and does it not count toward his sentence, until he gets to department of corrections?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Joseph replied 7 years ago.

No, it is not "dead time". Your husband should be given credit for every day in jail. In fact, if I'm understanding you correctly, it seems unlikely he'd ever go to the Department of Corrections (DOC). DOC is for people sentenced to MORE than a year of incarceration. If the sentence is a year or less, it is typically at the county jail. This is not an absolute rule though. For example, if he was sentenced to 18 months (the time of the probation) minus the time already completed, this could be looked at as an 18 month sentence, regardless of the time already served on probation. The result then is an 18 month sentence, meaning DOC.


If I'm reading your statement correctly, the remaining time was 42 days and he was sentenced in April, a little over a month ago. If these two things are true, he should be getting released any day now. I would suggest calling the jail in which he is being housed and check on his release date.



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