0
Does a judge have to give credit for time served before a conviction?
Wiki User
∙ 14y ago
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.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
Does a judge have to credit for time served after a conviction?
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.
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.
What does it mean to have a conviction vacated by a judge?
A vacated conviction means the conviction is set aside, in this case by a judge following legal guidelines. A pardon is a conviction set aside by an executive (Governor or President). A conviction can be nullified by executive order or judicial order.
Is a person considered a convicted felon if there was adjudication withheld and only served a probation period?
No, I was offered this type of Probation in TX, the Judge told me that if I completed my probation that there would be no record of conviction.
Can a candidate for a banking position get bonded if their conviction is sealed?
A candidate for a banking position can get bonded if they have a sealed conviction from a juvenille case. Sealed convictions are not open to anyone other than the judge that sealed it and it takes a judge to open a sealed conviction.
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.
Is going to jail overnight for public intoxication considered a conviction and would it show up on a background check?
A conviction means that you had to appear before a Judge and were given either probation or actual jail time. An overnighter for PI is not a conviction, nor will it show up on a background check unless it is an extensive one.
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 a Federal judge be replaced?
Only if the judge leaves office for one of the following reasons:ResignationRetirementDeathImpeachment and conviction (for a legitimate offense)
What is a capias misdemeanor?
A capias misdemeanor is a type of warrant issued by a court for a person's arrest for failing to appear in court on a misdemeanor charge. It is issued when a defendant fails to follow the court's orders, such as appearing in court or paying fines.
What is capias misdemeanor?
A capias misdemeanor is a warrant for a named person who has failed to appear after a misdemeanor conviction. It is notification that the named person must resolve the issue before a judge.
Can misdemeanour convictions be overturned in NC?
Any conviction for a crime can be overturned in North Carolina. However, a judge has to have a good reason for voiding the conviction.
