Legal Question in Criminal Law in Indiana

should a prisoner get time

my boyfriend is incarcerated right now. the original sentence was for 13 years with an 8 yr. cap. they sentenced him to work release where he did 10 months before he violated and they sent him to prison. where he did 4 years. he did 5 months on probation after his release before violating and being sentenced to home incarceration. he did 301 days before violating. my question is should he get the 10 months taken off as part of his sentence and the 5 months probation? his last court date the judge gave him 2000 days credit for confinement plus 2000 equal good time credit and 301 days credit for home incarceration with no good time credit. should he be entitled to the 10 months work release and 5 months probation as part of his sentence??


Asked on 12/15/04, 3:28 pm

1 Answer from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: should a prisoner get time

One should get credit for actual time served. Whether a person is entitled to good time credit is dependent on conduct. Time served on probation does not get credited to executed jail time. If there is an issue regarding calculation,the defendant should contact his attorney.

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Answered on 12/15/04, 4:18 pm


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