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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27065
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My friend was sentenced to 3 years in prison violation of

Customer Question

My friend was sentenced to 3 years in prison for a violation of probation. He already served 1 year and a day in a youthful offender prison, 4 months in prison so far already, and did a few years of probation before he violated. I know that the law is 85% of the sentence. Does his time served getdeducted after taking 85%, could you give an estimated opinion of how much more Time he would be in prison? The judge says he gets all time served.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


Your friend does not get any credit for time spent on the outside while at liberty on probation. That does not count as any time served for the purpose of a jail or prison sentence.

But he served 366 days on the case and another 120 in prison. After 85% of the three years is figured out, he should be able to subtract the 486 days as credit for time already served.

Customer: replied 1 year ago.
if he is getting 11months and 29 days credit for community control that he was on counting towards time served; how many days would then be subtracted?
Expert:  Zoey_ JD replied 1 year ago.

He gets no credit for community control if he was at liberty. He only gets credit for days spent in jail or prison. If he was incarcerated for that time, he gets approximately 364 days.

Customer: replied 1 year ago.
Are you able to look into his file/sentencing and see how much time served he will actually be getting? Or who would be able to answer that?
Expert:  Zoey_ JD replied 1 year ago.

No. I am not this defendant's lawyer and cannot see his case file. In any case, that would just say that he was sentenced to 3 years on the VOP

The department of corrections keeps the actual count of time served and would have his conditional release date figured out. The prison would know.

Sometimes Inmate information of that sort is available online. You can see what you can find on the relevant links here.

Customer: replied 1 year ago.
Since he is sentenced as a youthful offender, once he does get out of prison; can his record be sealed where it won't effect him getting a job?
Expert:  Zoey_ JD replied 1 year ago.

In some instances a youthful offender conviction can be sealed, in others not. It depends upon the charge and other facts and circumstances of the case. He can take that up with his lawyer.

Customer: replied 1 year ago.
He used a Public Defender; after being sentenced; would he still be his lawyer?
Expert:  Zoey_ JD replied 1 year ago.

Yes, the public defender would still be the attorney of record on the case, but his lawyer wouldn't necessarily know when his release date would be.

Once a client is sentenced, the lawyer's responsibility is over because the case is closed.