Can a judge change amount of credit for time served after a deal has been made?

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Can a judge change amount of credit for time served after a deal has been made?

My husband was charged with 2nd degree armed robbery. D.A offered 2 years with double credit and everyone agreed. My husband took the deal beliving that if he did 150 days in the county correctional facility he would transfer to prison and receive 300 days credit. In sentencing, the judge said he made a mistake and that my husband could only get 180 days credit. My husband signed the deal because of the double credit! that is unfair and I just want to know if they can change their mind at last second.

Asked on July 11, 2012 under Criminal Law, California

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

Although by statue most states allow for credit for time served for time incarcerated, it is still within the Judges discretion to determine if any credit will be given, and if so, how much. Although your husband and the prosecutor agreed on the amount of time served, a Judge has the right to either raise or lower that amount within their own discretion.


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