Legal Question in Criminal Law in Texas

County to State Jail Time

My Husband is currently serving time in a county jail. He is going to be sentenced to 180 days state jail time. Does the time he serves in county come off of the time he will serve in state. and does it include any 2 for 1 credit


Asked on 4/13/04, 8:40 am

2 Answers from Attorneys
John Armstrong The Law Office of John W. Armstrong

Re: County to State Jail Time

Usually, when a judge sentences someone to prison, that individual gets credit for the time they have served in jail waiting to be sentenced. With regard to State Jail, the time is day for day, not 2 for 1. For example, if someone had been in jail for 30 days they would get 30 days off the State Jail sentence and if they were sentenced to 6 months they would only be serving 5 months. However, the time is up to the State Board of Pardons and Parole. You mentioned that he serving time in the County Jail, if that sentence is for some other offense he may or may not get credit for the time he served, but it is worth asking the Judge for the credit at the time of sentencing.

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Answered on 4/13/04, 8:51 am
James R Matthews J R Matthews & Associates LLC

Re: County to State Jail Time

When a person is sentenced to State Jail, it is up to the trial/sentencing judge whether any credit for time served is given. However, your husband's total time served (i.e. time in County jail AFTER being arrested for the offense for which he is being sentenced PLUS time at the State Jail) cannot exceed 2 years. Be sure to ask your husband's attorney to request (at the sentencing/plea hearing) that the Judge give your husband credit for his County Jail time.

Hope this info helped.

Sincerely,

James R. ("Jim") Matthews, Esquire

Office: 940-433-3956

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Answered on 4/13/04, 5:47 pm


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