As soon as the police have an arrest warrant, the suspect named in the warrant may be arrested for the crime and go to jail. During a bail hearing, a judge may release the defendant on recognizance or on bail. Being released on recognizance is being released from jail without paying money, or a bond. However, the defendant may go to jail prior to trial and remain there until the trial is complete.
Jail credit is a term used to describe time served in jail while awaiting trial. This time is used to lower the amount of time someone is required to serve after receiving a jail or prison sentence.
When a defendant is convicted of a crime, the court deducts the time spent in jail waiting for the trial to start or while the trial is going on. The deduction is made from the criminal sentence. For example, a person is arrested and spends five days in jail. The defendant may be bailed out or remain in jail until trial. The defendant is convicted of a misdemeanor and sentenced to 10 days in jail. The defendant receives five days jail credit. Thus, the defendant only spends five days in jail to complete the criminal sentence.
You will not receive jail credit if you are not convicted. Jail credit is only given to defendants who are convicted of a crime and spent time in jail before and/or during their trial.
Yes, in some jurisdictions you can receive time served even for a probation sentence. For example, the individual is sentenced to probation, but not jail. However, the convict spent three days in jail awaiting trial, which means that the time the convict must spend on probation is shortened by three days. If the convict’s probation is later revoked, jail credit is then given against the resulting prison sentence. The credit is for the three days spent in jail for the first hold.
If you are facing a possible sentence involving time in jail or prison, you should figure out if the time you served in jail before going to trial or the time you are currently serving during trial can be credited against your future sentence. Contact a criminal lawyer regarding receiving jail credit and possible criminal sentences in your case.
Last Modified: 12-11-2015 04:38 PM PSTLaw Library Disclaimer
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