If you were on probation while waiting for your trial does that count as probation time served after conviction?

Asked on March 14, 2018 under Criminal Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Probation is not and does not count as jail or prison time: it will not count as time served. That is not to say that either the prosecutor or the judge could not take cognizance of the fact that you were on probation and elect to recommend or impose a lesser punishment, but that is at their discretion (both prosecutors and judges have a great deal of discretion): you do not have a right to it or can count on it.

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