Legal Question in Criminal Law in Georgia

sentencing

if you are given credit for time served does that mean your sentence starts running the day you are arrested. i was given 10yrs to serve 3yrs in one county then 5 straight yrs in another, i did 5 years. what i want to know is wasn't my other sentences running with the others if they were concurrent, the two extra years should come off of the ten serve three since i did over three right?


Asked on 4/12/04, 6:39 pm

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: sentencing

Unless the sentence provides to the contrary, your sentences do run concurrently. The credit you are to receive for time served depends upon the sheriff in the jurisdiction in which you were sentenced. Typically it does run from the date of your incarceration, assuming you are being held on the subject charges. If you are being held for some other reason, there may be some question as to whether you are to receive credit for the time toward the sentence you receive. I usually make that part of the negotiations and have the judge make sure the negotiations are reflected in the file and that the record reflects whether or not the Court followed the negotiation.

That said, it would seem that you are correct in assuming you should also receive the two years over and above the three year sentence already completed.

Read more
Answered on 4/13/04, 6:56 pm


Related Questions & Answers

More Criminal Law questions and answers in Georgia