How doesserving time on 2 concurrent sentences calculated?

Get Legal Help Today

 Secured with SHA-256 Encryption

How doesserving time on 2 concurrent sentences calculated?

My son was sentenced to 3 years on an assault charge. While incarcerated he was charged with a separate crime, breaking and entering. He was charged with the B&E in 07/03 and sentenced in 11/03. For the B&E he was sentenced to 9 years to be served concurrently with the 3 year assault charge. Does he get credit for time served from 07/03 to 11/03 to be applied to his 9 year sentence?

Asked on September 8, 2010 under Criminal Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since both sentences are to run concurrently, your son should get credit for the four month period  he had served.  Usually, when one is sentenced and the person has already served time while awaiting the sentence, that time is credited towards the sentence.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption