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Does a judge have to credit for time served after a conviction?
Wiki User
∙ 13y ago
No they do not, since that period of time is not actually a part of your sentence. It was pre-trial and pre-judgement confinement.
Wiki User
∙ 13y ago
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Does a judge have to give credit for time served before a conviction?
Judges normally do give credit for time served before a conviction, but I wouldn't say that they HAVE to do that; the whole concept of being a judge is that they get to judge things, meaning, they get to make decisions. There are very few things that a judge has to do. They do what they see fit to do. Of course, if a judge makes a bad decision, it is possible that a higher court will reverse that decision.
Does State law have the right to not give credit for time served?
Unless there is a statute prohibiting it, a judge has no requirement to credit time served in pre-trial detention to a sentence.
In Ohio if you are in county jail on a case waiting to go to prison does everyday in county count as 3 off your sentence?
No. And, time served is a matter for the judge to decide. If the judge does not determine that you will receive credit for time served, you will receive no credit. Typically, also, state time is not calculated until you are remanded into the custody of the state's DOC. That can happen on paper if the prisons are full and you must wait for a slot to open.
Can you travel to Thailand with a drug conviction?
can i enter thailand with a drug conviction and served one year jail time for the crime
Can you have a manslaughter charge expunged?
Follow up after your conviction and time served. It depends.
If you are arrested in one County and another County puts a hold on you can you get credit for the time served while waiting transport?
Depends on several factors. For example, if the inmate is arrested on new charges in the county where he is being held, then he will not get credit for time served in the county where the outstanding charges are and for which he is being held. Also, if the person being held for another county is on probation or parole in that county, he will not get credit for time served while waiting to be transferred. Finally, IF the inmate has NOT been charged with new charges in the county where he was picked up and held for the other county, and he is NOT on probation and parole on the county with the hold, then it will be up to the judge who presides over his case in the county he is being held for. Once he is transferred there, that judge can either give credit or not give credit for time served in another county while waiting to be transferred. The good news is that in the vast majority of cases, the judge does give credit if the other conditions above do not apply.
What does jail credit mean?
Jail credit refers to the amount of time a defendant has already spent in jail while awaiting trial or as a result of a conviction. This time served can sometimes be credited toward their sentence or used to reduce their overall sentence.
What if you are charged and convicted of a crime and serve the majority of your sentence why is your time on the streets not taken into consideration and the back up time not a factor?
If you are convicted of a crime your time on the streets does not count because you were not in jail. Your term "back up time" is not a familiar one. If you mean your jail time before your conviction, you did not receive credit for that because you did not ask for that. Your jailer or Department of Corrections can not give you credit for that, only your sentencing judge. If he left it off your sentencing papers, there is a way to get it put on them. It is called post conviction relief. You will need to look into it. You will need to get a copy of your sentencing papers and see just what they say. If you did not get credit for jail time, you will need to request it.
How do you file a motion for restoration of credit for time served?
To file a motion for restoration of credit for time served, you would typically need to draft a formal motion outlining the details of the time served and reasons for requesting restoration of credit. This motion would then need to be filed with the court that handled the original sentencing, and a copy should be served to the prosecuting attorney. It is advisable to seek guidance from a lawyer to ensure that the motion is filed correctly and to increase the chances of a successful outcome.
What does it mean to have Withheld Adjudication forward slash CTS on your case?
CTS probably stands for credit for time served. Withheld adjudication basically means that the defendant was not adjudicated guilty, which will preserve his civil rights once the sanctions are completed. It should be noted that credit for time served will probably not result in a withholding of adjudication because credit for time served is actually a sentence, which cannot be withheld if such sentences pronounced.
Can a person get credit for time served while on federal supervised release The supervised release is essentially federal parole before ever going to prison Why can't I get credit for it?
"Time served" is time locked away in the system. Parole and probation are time free. Inmates serving their time do not have those liberties.
Can judge take away time served in jail?
If you mean can they apply the time you've already served in jail awaiting trial and reduce your adjudicated prison time by that amount . . . yes, they do in the case of an offense that does not call for a mandatory sentence. If the offense has a legislatively mandatory sentence attached to it, the judge does not have any discretion to do that. I thought by law they have to give all days that were served
