Does your pre-sentencing jail time always count towards your sentence?

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Does your pre-sentencing jail time always count towards your sentence?

my husband is in jail due to a probation violation and recieved a sentence of 6 mos – 12mos.His 6 mos. was up the begining of may but he is being told that for some reason he was not given credit for the two months he was locked up prior to his hearing.Is there a reason why he wouldn’t have been given this time and is there anything i can do to clear up this matter?

Asked on May 11, 2009 under Criminal Law, Pennsylvania

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a lawyer in CT, not PA, but i practice criminal defense law.  I would need to know a bit more facts here about the underly probation and charge and the circumstances.  Generally, the time period for serving time runs from the date of the sentencing.  Do you have a lawyer?  Can you qualify for a public defender?  I would suggest talking to the lawyer that represented him as one of the things that is asked for under these circumstances is that the defendant be given credit for time already served.  However, the judge may not have given this credit and i would need to know more facts.  I think that you should contact a lawyer in PA to help you speak to the state's attorney that prosecuted your husbad to see if there is anything they can do.  The reality is that by the time you get to the point where you can have acourt hear the case, the 2 months may be up and your husband will be home.  Nevertheless, I would go to see a lawyer to look at the file in court.


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