Legal Question in Criminal Law in Kentucky
Inmates time served credit, how does this work?
While incarcerated before court dates & sentencing, how is the time served during this time credited to the sentencing time given. I was told by my local lawyer that for each charge with a different bond set, time served credit would be given for each charge. After the sentencing the time served credit was only given on one of the charges, my lawyer says this is wrong. When I ask where I could find out what is stated in the law regarding this, he said he didn't know but I could probably find it on the internet, but he didn't know where to look. My lawyer had the judge request that the time serve be re-calculated but we haven't heard anything and its been about 6 months. I have a son hoping I can find this out, the credit will make a big difference in when he'll be released. Please help, thank you. In on class D felonies.
2 Answers from Attorneys
Re: Inmates time served credit, how does this work?
Your question is not about credit for time served. It is about concurrent rather than consecutive service of multiple felony sentences. The answer to your question is found in a combination of the Judgement of Convictions and the Kentucky Corrections Cabinet Regulations. A defendant is entitled almost exculsively to credit for all preconviction time served by Kentucky statute. When the Judgement of conviction is silent on the matter or affirmatively states a defendant will serve his sentence concurrently with all other state sentences then that is what occurs. If the Judgement states that the sentence is to be served consecutively thats what happens. The Corrections Cabinet automatically gives both credit for time served and concurrency credits plus "good time" credits periodically during service of a sentence. Your son will recieve a computer print out in the mail showing his status on all these questions. If you want a copy of the regulation go to Kentucky Direct and the Corrections Cabinet or Kentucky State Legislature Web Sites for a copy of the Kentucky Administrative Regulation or the Kentucky Revised Statutes on your questions. I hope this answers your question. Not too shabby for the price you paid for the advice. Have a nice day. Remember where you got your answer. (If you son is serving federal time or time on an out of state conviction it gets more complicated. But you did not indicate that) Have a nice life.
Re: Inmates time served credit, how does this work?
I agree. In Kentucky credit is given from the time of the arrest for the time spent incarcerated. If one is arrested on one charge there is no problem in application. The upfront rule is that if you are in jail on one charge then the time is not credited to new charges brought later or in other jurisdictions. You do not furnish enough information regarding themultiple charges, pleas or judgment in order to give a better answer.
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