Credited For The Time I Have Already Served In Jail?

March 25th, 2014 by Attorney Dan Carman

Yes. In Kentucky, when a defendant was detained in pre-trial custody while waiting for court appearances, at the time that a final sentence is adjudged, he or she will be credited for each day served in jail.

Assume the following facts in this simple example:

  • You were arrested, driven to jail, and after being read your Miranda rights, confessed immediately to committing four (4) Class A Misdemeanors, two of which involved violence.
  • You were charged and arraigned the following day in District Court.
  • Because of the overwhelming evidence against you (especially your confession), approximately one week later you entered into a plea agreement with the prosecution.
  • Because you had missed a few traffic court dates in the past, and allegedly committed a violent offense in this case, the judge refused to lower your high financial bond. You were unable to get out of jail and were detained in pre-trial custody for a total 8 days before the day of your Guilty Plea and Sentencing.

Pursuant to your plea agreement, you are sentenced to 12 months, but only 14 days to serve, the remainder (approximately 11 ½ months) probated for a period of 2 years. As a result of credit for time served, you would only be required to serve an additional 6 days after you are sentenced. However, if during the 2 years that you are on probation you are alleged and found to have violated the terms your probation, you could serve more time in jail.

If you (or a loved one) face criminal charges in Kentucky or in the Lexington area in particular, call my Lexington Defense Attorney Dan Carman at (859) 685-1055 for a free consultation.