Legal Question in Criminal Law in Ohio
My 22 year old son was convicted of heroin possession and is sentenced to a CBCF facility and then 3 years probation. If he violates then he is to serve a 10 month prison term. If he does commit a violation will the time he has already spent in jail, 2 months, and any time he is at the CBCF facility count as time served on the prison sentence?
Asked on 12/08/13, 7:56 am
1 Answer from Attorneys
Mark Chuparkoff
Chuparkoff & Chuparkoff
That's typically up to the sentencing Judge but, for the most part, no. The time he spent in jail awaiting his trial (which ultimately didn't happen because he plead guilty) is taken into consideration at the time he is sentenced. Any violation will be "new time".
Answered on 12/09/13, 5:31 am
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