34.0k views
0 votes
Upon revocation of probation, credit is given for time served on probation for any portion of the probation sentence served prior to the revocation. True or False?

User Bsvingen
by
8.4k points

1 Answer

2 votes

Final answer:

The assertion that time served on probation is credited upon revocation is generally false, as this can vary by jurisdiction and case specifics. Probation and deferred adjudication differ; with deferred adjudication, fulfilling probation can lead to charges being dismissed, but revocation can eliminate that potential benefit.

Step-by-step explanation:

In the context of probation, when revocation occurs—meaning the court decides that a person has not fulfilled the obligations of their probation—the credit for time served on probation may not necessarily be applied towards any subsequent incarceration time. This can vary by jurisdiction and the specific terms set by the court at the time of sentencing or revocation.

It is important to differentiate between probation and deferred adjudication. With deferred adjudication, the court withholds a formal conviction and sentencing is delayed pending the completion of probation terms. If the defendant successfully fulfills these terms, the charges may be dismissed or reduced without any further jail time.

User Jonathan DeCarlo
by
8.9k points