How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph
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
18539850
Type Your Criminal Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

my Husband was sentenced in a crimal case and was ordered to

Resolved Question:

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.

 

 

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

Joseph and 3 other Criminal Law Specialists are ready to help you