Legal Question in Criminal Law in California

Is It Legal for a District Attorney to not count time served?

If you spent 18 months in jail while waiting for a trial is it legal for the district attorneys office to take time served away.after the guilty party came forward and confessed.I was charged with recieving stolen goods,my attorney made a deal with the district attorneys office, iam now going to be sentenced to two-three years in prison?


Asked on 5/17/01, 7:46 pm

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Is It Legal for a District Attorney to not count time served?

If part of your deal with the D. A. was to give up your claim to 'good time work time,' then you'll serve the sentence. However, that is a little unusual. The normal practice is to give you credit for 'good time work time' at two days served in the county jail, credit for three.

The D. A. would normally make a deal for high term, and then allow you all your credits.

That's usually worked out at the sentencing by the judge. So you need to find out rith now what the deal is that you'll be pleading to. Don't hesitate to withdraw the pleas if you've misunderstood the deal or sentence.

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Answered on 6/22/01, 1:51 pm


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