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  1. #1
    Join Date
    Oct 2006
    Posts
    21

    Default Credit for Time Served

    My question involves criminal law for the state of: your state

    In your state, How does credit for time served work? Let's say the maximum sentence for assault and battery is 2 years. I pleaded guilty with 6 months credit. Is the balance of the sentence(1 1/2 yrs) usually suspended or 6 months and that's it. no probation no nothing.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Credit for Time Served

    The remainder of the sentence is not necessarily suspended.

    If you're sentenced to 2 years, with credit for time served, and the judge decides you need to actually serve, you go back to the can for 18 months.

  3. #3
    Join Date
    Jan 2009
    Posts
    4

    Default Re: Credit for Time Served

    If a judge sentences you to credit for time served, that means that the prison or jail sentence has been deemed satisfied and there is no probation or parole. If a sentence is suspended, then probation is imposed and if there is a probation violation, then probation may be revoked and sentence will have to be served.

    If the judge pronounces a sentence and subsequently awards credit for time served, that time served is simply credited against the total sentence and the remaining balance of the sentence must be served. It really depends on what the judge says.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Credit for Time Served

    Quote Quoting Legal3
    View Post
    If a judge sentences you to credit for time served, that means that the prison or jail sentence has been deemed satisfied and there is no probation or parole.
    That's not correct. It's possible, for example, for a defendant to spend a weekend in jail after an arrest, bond out, later be convicted (by plea or after trial) and be sentenced to jail with credit for that weekend served. (e.g., "Thirty days in jail, with credit for two days previously served). It's also possible for the defendant to be sentenced to probation following the completion of the jail sentence (e.g., "Ninety days in jail, sixty days suspended pending completion of two years probation, with credit for two days previously served.")

    Did you intend to say, "If a judge sentences you to time served..."?

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