If a person is arrested waiting conviction, and being held on a cash bail that they cannot afford, are they eligible for credit for the time they were held pending conviction?

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If a person is arrested waiting conviction, and being held on a cash bail that they cannot afford, are they eligible for credit for the time they were held pending conviction?

Asked on September 23, 2015 under Criminal Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Eligible, yes. Required to be given credit for it, no. Judges have a very wide degree of discretion in sentencing, and besides setting the basic parameters e.g. X months or years, can elect whether or not to credit time spent pre-trial. It is common to credit it, but not guaranteed.


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