If you are serving time and have other charges in a different county, can you serve them all at once?

Asked on January 5, 2013 under Criminal Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, but it's NOT up to the prisoner to decide whether he or she can do this. Say that you have been convicted in both Indiana and Kansas and that you have started serving time in Indiana. The Kansas authorities could elect to give you some credit for or otherwise reduce your Kansas time because you have already served time in Indiana--but they don't have to, and, in fact, very rarely would. That's because if you have been convicted in more one than state, it's because you committed crimes in more than one state--each state will want to vindicate its own interest and uphold its own laws by having you serve time for the crime done in that state. So while the state authorities do have some discretion that could benefit you, it is very unlikely they would choose to exercise it on your behalf.

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