QUESTION
Does time from an earlier sentence get applied to a later sentence? How?
Asked on May 14th, 2015 on Criminal Law - Colorado
More details to this question:
My son was serving a 3 year sentence for assault. While he was incarcerated, he was charged with a separate crime, breaking and entering. He was charged with the breaking and entering in July of 2013 and then sentenced on the breaking and entering in November of 2013. He was given a 9 year sentence to be served concurrently with the 3 year term he was already serving. Does he get credit for time served from July 2013 to Nov 2013 to be applied to the 9 year term?
3 ANSWERS
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It is the court's discretion
Answered on May 15th, 2015 at 1:23 AM
Thomas Edward Gates
No, the clock starts when the second offense sentencing begins.
Answered on May 14th, 2015 at 3:22 PM
3 Awards
Maybe, maybe not If he was arrested and held on bond on the 2nd charge, then he should get credit. if not, no. I know he was in jail at the time. That does not matter. Many DAs would agree to the credit if asked. His attorney should try to get the DA to agree, while at the same time showing that he was in custody on both cases, not just the first one.
Answered on May 14th, 2015 at 2:42 PM