Can my jail time serve as my payment for my fine? 16 Answers as of May 30, 2013

I received a first offense DUI. After going to court, I was on hold so I stayed in jail for 3 weeks. Can my jail time serve as my payment for my fine?

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Robert Mortland
Robert Mortland | Law Office of Robert Mortland
Yes, most judges will allow this but it depends on the exact facts of your case.
Answer Applies to: California
Replied: 2/15/2012
Law Office of Brian K. Wanerman
Law Office of Brian K. Wanerman | Brian K. Wanerman
It depends on the charges and the circumstances. In some cases, if you are convicted, you can chose to do jail time in lieu of fines. You should consult an attorney for details.
Answer Applies to: California
Replied: 2/14/2012
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
In general, you can serve jail time in lieu of paying your DUI fines. Now, if you are hoping to get credit toward your fines for the jail time you have already served, it is hard to say. Serving jail time in lieu of paying your DUI fines is something that is usually arranged prior to serving the jail time. Then again, it never hurts to ask. I hope this answer was helpful. Good luck.
Answer Applies to: California
Replied: 2/14/2012
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
Yes. If you served time over and above what you were sentenced to, the balance can be credited against the fines. 1 day of jail will wipe out every $30 in the base fine. For example, most convicted of DUI are sentenced to pay "$390 plus penalty assessments", which basically adds up to about $1,600.00. You can wipe the $1,600.00 out entirely with 13 days in jail, because $390 divided by $30 equals 13. However, there still are some mandatory fees and costs (usually about $200.00) that cannot be converted and must be paid.
Answer Applies to: California
Replied: 2/14/2012
Law Office of Daniel K Martin
Law Office of Daniel K Martin | Daniel K Martin
A judge has discretion to convert fines to jail time. The fines with a first time DUI can run more than $1,700. Each day in jail is credited with $80 to $100 toward the fines. (Not counting the days given before the fines get converted).
Answer Applies to: California
Replied: 2/13/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Yes. In fact if you were in for 20 days, you should attempt a no probation deal and do up to 40 days. You will get credit time served and not be on probation.
    Answer Applies to: California
    Replied: 2/13/2012
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    The judge will give you some credit against your fine. Make sure he knows that you were in jail that long. That is very unusual.
    Answer Applies to: California
    Replied: 2/13/2012
    Attorney at Law | Dorinda Ohnstad
    The judge does have the discretion to have jail time served in lieu of fines, or can try to work out with the DA as well. Court fees (versus the fine) cannot be jail time in lieu of payment. However, DUI's carry a heft fine, so if you're lucky you can get part of your jail time in lieu of the fines.
    Answer Applies to: California
    Replied: 2/13/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    It is possible to have time served count towards your fine (thus reducing or potentially eliminating your fine amount). Sometimes courts will try to block that from happening if there was another reason for the custody, and thus not earning credit for the current charge. Speak about this further with your attorney (whether it be privately retained or public defender) to try to get you credit for the time served.
    Answer Applies to: California
    Replied: 2/13/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes it can, $30 a day (which comes out to over $300 due to the penalty assessment multiplier).
    Answer Applies to: California
    Replied: 2/13/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    That is something that an aggressive attorney can possibly make happen. There is a mandatory amount of fees (approximately a couple hundred dollars) that cannot be converted. But you have a good shot at converting the rest.
    Answer Applies to: California
    Replied: 2/13/2012
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    Hmm, I don't know what you mean when you say you were "on hold." It is almost unheard of for someone to be kept in custody beyond their release date, unless there is a "hold" for some other reason - usually, an ICE or parole/probation hold. If this is what you mean, then the extra time you served is credited to that other situation. If not, and you were held past the amount of time the judge ordered you were to have served, then perhaps you can get that time credited towards your fine. You are going to have to go to court, though, to have the judge issue an order to this effect. But my guess is that the reason is related to some other reason. Have a criminal defense attorney go over the situation with you and I'm sure he/she will be able to figure it out.
    Answer Applies to: California
    Replied: 2/13/2012
    Law Office of Anthony Sessa
    Law Office of Anthony Sessa | Anthony Sessa
    Yes.
    Answer Applies to: California
    Replied: 5/30/2013
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Fines may be converted into jail time.
    Answer Applies to: California
    Replied: 2/13/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Yes, most of what you owe can be converted to jail time. There are some court fees and costs that cannot be converted though. The total amount is around $2,000. About $1500 of thy can be converted to jail or community service.
    Answer Applies to: California
    Replied: 2/13/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    You can serve jail time in lieu if most of your fines.
    Answer Applies to: California
    Replied: 2/21/2012
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