Legal Question in Criminal Law in Wisconsin

manufacturin meth charge

if your sentenced to 10 years prison and that is stayed for 1 year jail and 10 years probation and your break probation dows that mean you go tp prison for the entire 10 years or does the time you sat in jail and on probation get deducted from that


Asked on 2/04/08, 12:01 pm

3 Answers from Attorneys

JAY Nixon nixon law offices

Prison Sentence Stayed with Probation on Manufacturing Methamphetamine

Generally speaking, all time spent in jail in connection with a charge as a condition of probation, while awaiting sentencing or while awaiting revocation of probation, should be credited against that prison sentence. Imposed and stayed sentences mean that if probation is revoked, the person goes directly to prison for the stated period of time rather than going back in front of the judge for resentencing (known as a withheld sentence). You need to discuss these issues with your lawyer in order to get the correct answer for your fact situation.

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Answered on 2/05/08, 9:08 am
Sean Sweeney Tosa Law Office

Re: manufacturin meth charge

If you have a stayed and imposed sentence, you serve that entire sentence if your probation is revoked. For Probation, Extended Supervision, and Parole you do not get credit for what is called "Street Time"

I believe you should get credit for all time spent in custody, including the one year of jail time, as well as any time you spent on VOP holds from your agent.

If you are still facing revocation I strongly suggest retaining an attorney as there are often things that can be done, such as ATRs (Alternatives to Revocation) that will allow you to continue to earn credit towards completion of probation rather than start serving your ten year prison term.

http://www.SMSweeneyLaw.com

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Answered on 2/04/08, 12:09 pm
Sean Sweeney Tosa Law Office

Re: manufacturin meth charge

If you have a stayed and imposed sentence, you serve that entire sentence if your probation is revoked. For Probation, Extended Supervision, and Parole you do not get credit for what is called "Street Time"

I believe you should get credit for all time spent in custody, including the one year of jail time, as well as any time you spent on VOP holds from your agent.

If you are still facing revocation I strongly suggest retaining an attorney as there are often things that can be done, such as ATRs (Alternatives to Revocation) that will allow you to continue to earn credit towards completion of probation rather than start serving your ten year prison term.

http://www.SMSweeneyLaw.com

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Answered on 2/04/08, 12:12 pm


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