How to Get Credit for Time Served in Jail

Written By: Moermond & Mulligan, LLC

Last Updated: 04-08-2024

Posted on Wednesday, March 20th, 2024 at 8:37 pm    

How to Get Credit for Time Served in Jail

If you’ve spent time in jail before your trial or sentencing, you may feel frustrated and confused about how that time will impact your sentence. The good news is that, in most cases, you have the right to receive credit for the time you’ve served behind bars. This credit can significantly reduce the length of your sentence, bringing you one step closer to moving forward with your life.

What is Time Served in Jail?

Time served refers to the period you spend in jail or prison before your trial or sentencing. This can include time spent in custody after an arrest, during trial proceedings, or while awaiting sentencing. In many cases, you can receive credit for this time served, which can reduce the length of your final sentence.

It’s important to note that time served differs from a sentence. A sentence is the punishment imposed by the court after a conviction, while time served is the period you’ve already spent in custody before the sentence is determined.

How is Time Served Calculated?

The calculation of time served can vary depending on the jurisdiction and the specific circumstances of your case. Generally, the court counts time served from the day you were first taken into custody until the day of your sentencing.

It’s essential to work with an experienced criminal defense attorney who can help you understand how your time served will be calculated and ensure that you receive the proper credit for the time you’ve already spent in custody.

Does a Judge Have to Give Credit for Time Served in Jail?

In most cases, the Fifth Amendment’s double jeopardy clause forces judges to award credit for pre-trial jail time. This means you can’t be punished twice for the same crime—the time you spend locked up before your trial counts towards your eventual sentence.

If a judge failed to give credit for time served, it could be considered a violation of your constitutional rights. However, there may be some rare exceptions where a judge has discretion over whether to award credit for time served, such as in cases involving probation violations or certain plea agreements.

Your criminal defense attorney can help you understand your rights regarding time served and work to ensure that you receive the credit you’re entitled to under the law.

How Does Jail Time Credit Work in Ohio?

Ohio Revised Code Section 2967.191 governs the calculation of jail time credit. This law mandates that a person receives credit for any time they spend in confinement, including jail, prison, or a community-based correctional facility, as long as it arises out of the offense for which the court convicted and sentenced them.

The law also specifies that the court must calculate credit for time served from the person’s arrest or confinement for the offense until their sentencing date. However, if a person serves a sentence for an unrelated offense while awaiting trial or sentencing for a new charge, the court may not credit them for that time towards the new offense.

What is Sentencing Credit?

How to Get Credit for Time Served in JailSentencing credit, or good time credit, is separate from time served. While time served refers to the period you spend in custody before your sentencing, sentencing credit is a reduction in your sentence based on good behavior or participation in certain programs while incarcerated.

Ohio Revised Code Section 2967.193 outlines Ohio’s rules for earning sentencing credit. Depending on the offense and your behavior while incarcerated, you may be able to earn up to 8% of your sentence in credit for productive activities, such as work, education, or rehabilitation programs.

Your criminal defense attorney can help you understand how sentencing credit may apply to your case and what steps you can take to maximize your credit while serving your sentence.

What Does Credit Time Served Mean?

Credit time served means that the court subtracts the time you’ve already spent in custody before your sentencing from your final sentence.

Receiving credit for time served is an essential right that can significantly impact the length of your incarceration. Working with a knowledgeable criminal defense attorney who can help you understand your rights and ensure that you receive the credit you deserve is crucial.

At Moermond & Mulligan, LLC, our experienced criminal defense attorneys dedicate themselves to protecting your rights and fighting for the best possible outcome in your case. We understand the importance of receiving credit for time served and will work tirelessly so that your time in custody is accurately calculated and applied to your sentence.

If you or a loved one is facing criminal charges in Ohio, don’t hesitate to contact Moermond & Mulligan, LLC for a confidential consultation. We’ll review your case, explain your options, and help you understand how credit for time served may impact your situation. Let us put our experience and knowledge to work for you.