Does time from an earlier sentence get applied to a later sentence? 3 Answers as of October 28, 2010

My son was serving a 3 year sentence for assault. While he was incarcerated, he was charged with a separate crime, breaking and entering.

He was charged with the breaking and entering in July of 2003 and then sentenced on the breaking and entering in November of 2003. He was given a 9 year sentence to be served concurrently with the 3 year term he was already serving.

Does he get credit for time served from July 2003 to Nov 2003 to be applied to the 9 year term?

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Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
These attorneys are correct. I am puzzled why your sons attorney did not answer this question for you after court or by returning your call/message. This dialogue should be part of the attorney's services.
Answer Applies to: California
Replied: 10/28/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Yes, he is serving the nine year from the time he was first charged with the breaking and entering. This would be time served on that second case.
Answer Applies to: California
Replied: 9/23/2010
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
It depends on how he was sentenced, and whether the Judge gave him credit. It also depends on the procedures that were undertaken by his attorney and the Judge when the case was initially filed.

For example, since he was already in custody for another case, the Judge in the new case would have had to issue an order to bring him to the new courts jurisdiction and arraign him. Depending on whether this was done, and when, he may or may not get the full 5 months worth of credit.
Answer Applies to: California
Replied: 9/23/2010
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