Can extra time I served for a prior offense count in my new case? 3 Answers as of June 15, 2011

I was sentenced for a prior and served more time than I was supposed to. Now in my new case I want to use those extra credits to get out early. Is there some code that will allow this? Those extra credits were earned when I violated probation and the 2 cases are being concurrently sentenced.

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
Not unless your attorney can persuade the judge to do so out of sympathy. Just how can a prior case you already were convicted on, sentenced on, and served time on, be concurrently sentenced with new charges?? That does not compute. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 6/15/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
No you will not get credit for that time.
Answer Applies to: California
Replied: 6/14/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
It depends how good your lawyer is in convincing the Judge to run the sentences concurrently and giving you credit for time served applied to two cases. The time you did for probation is legally separate, and it is completely the Judge's discretion whether you will get credit applied to the new case.
Answer Applies to: California
Replied: 6/14/2011
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