Am I entitled to get time credited from my original sentence? 7 Answers as of January 11, 2011

I am out on bail. Before bailing out I was serving a 3 year prison sentence. I filed a 1381 form before paroling. before my release date came i was picked up and brought back to court for another case.

My prison sentence ended while fighting this case in the county so I bailed out.

Their offer is more time than my original sentence wich is fine. Am I entitled to get credited time from my original sentence?

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Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
No, not under the circumstances you describe.
Answer Applies to: California
Replied: 1/11/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Credit is up to the judge, within his discretion. However, you are asking for dual or double credit, against both charges, which is not likely to happen. You were serving one sentence, now you face a new one. Defend the charges. File motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea-bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. You already know there is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.
Answer Applies to: California
Replied: 1/11/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You do not receive credit on a case when you were doing time already even if there is a detainer or "hold" against for the unresolved matter. On the other hand if you filed a PC 1381 demand and weren't brought to court in time, you may a meritorious motion to dismiss for lack of speedy trial.
Answer Applies to: California
Replied: 1/11/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
Most of the time yes you will get credit for time served.
Answer Applies to: California
Replied: 1/10/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
No, because you were doing that time on a former case, not the case you are dealing with now. You would have been better letting them issue a warrant on the new case and then you would be doing time on both cases. Sorry. But why don't you ask your lawyer as I am not sure I have all the facts.
Answer Applies to: California
Replied: 1/10/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    You need to call a competent attorney who is experienced in Criminal Law. I need a bit more information. When was the other crime allegedly committed? Apparently, prior to your incarceration. Was a Complaint filed? You are not generally entitled to credit on a case unless you were in custody in connection with that case. You are not automatically entitled to custody credits from your three year prison sentence on the new case, based on the limited information you provided. If the case had been filed when you went into custody, then that is a different story, if the fact that you were not prosecuted was due to negligence by the District Attorney. That is, if the case existed, but they just did not prosecute you for it, then you have an argument for credits. If the act had been committed, but they had not filed, then you might want to see if the D.A. waited too long to prosecute you (you did not say with what crime you are charged), for a possible Motion to Dismiss for Lack of Speedy Prosecution. It is possible, however, for you to agree on credits with the D.A., and make a deal pursuant to a stipulated disposition.
    Answer Applies to: California
    Replied: 1/10/2011
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