View Full Version : Credit for time served


Philigirl
01-04-2005, 01:46 PM
Hello to everyone! I have a few questions about my brothers sentencing.

First off here a little info on his situation. He was arrested on March of 2004 and he entered into a plea on some drug charges. His sentencing was postponed due to some law changes is what his lawyer has said. Right now he is being held in a county jail in the federal holding with other federal holdees and/or inmates. Ok what I need to know:

1. Does he get time served for being where he is right now?

2. Is it time served or days of credit per year?

3. How exactly does this work?

4. When he gets sentenced will he stay in the state that he is in now?

5. Is the time served or credit different from county, state and federal?

Good lord I hope I made sense! Any info would help greatly. Thanks.

The state he is being held in now is New Jersey.

no more scary
01-04-2005, 02:02 PM
Hey Phili~
He should get credit for any time he does anywhere, whether he is sentanced already or not. It goes day for day. The only time when credits star get confusing is once they are sentenced and housed at their facility. Then they start getting good time credits, and work credits and what not. This is not something you have to worry about at this point
As far as where he will be located at depends on the level of his charges. From what it sounds like it looks like federal time. So no he would be kept in the county for his whole sentence. And when you do federal time (not to be confused with state time) you can get transferrd wherever they want to send you.
Scary's uncle got transferred every 2 years for 12 years when he did fed time.

And to clear up the confusion between time served and credited time.
Credits are days they "credit" towards your sentence.
Time served is when you are waiting a period of time in custody until your trial or sentencing, and by the time the day comes the judge gives you "time served" as your sentence. In other words the time that you have waited in custody fits the sentences or punishment of the crime.
Here's an example:
Scary was charged w/ carjacking in 2000, the charges were later dropped down to a theft charge, he spent 4 months in jail waiting for court, and when court day came he signed a plea bargin and agreed to be sentenced the same day. Well, because it was a 1st offense theft charge the judge considered the 4 months that he had sat waiting for his court date equal for what he would of setenced him to. He released him on "time served"

Philigirl
01-07-2005, 08:14 PM
Thank you for the response. This is his first offense for this and yes he is a fed case. He is at a level 35 right now, but his lawyer isn't giving us any info on about writing letters and so forth for the leniency on his sentencing. I have done so much research on this stuff and I am so confused about how the fed system works. Come March will be a year that he has spent in fed holding awaiting sentencing. So I guess I'll just have to sit and wait like he is. Again Thanks! Philigirl