Do I Get Credit for Days Spent on Probation?

When a judge places a person on probation, the courts closely track any time the offender, or defendant, has spent in custody. In the unfortunate event of probation violation, the defendant is credited with any time served on the case. However, probation time does not count as a credit toward time in custody. Specific rules will vary somewhat between jurisdictions.

Custody

• Federal law states any time in jail for a specific offense will be credited toward any future sentence the defendant may receive. In other words, all the time a defendant spends in jail, detention or prison is totaled to reach the appropriate final sentence.

Probation Term Reduction

• In the state of Arizona, probationers may receive credit toward an early release from probation at the rate of 20 days for every 30 days. The defendant must be current on payments and work order hours and working toward treatment goals.

Exclusions

• If the defendant violates probation terms, he or she may not receive probation credits. Other exclusions include lifetime probation or sex offender registration, misdemeanors and class 2 or 3 felonies.