Are you entitled to jail credit leading up to your conviction?

i spent 82 days in jail leading up to my conviction. i was charged with possession of heroin, dui, and resisting arrest. but i was convicted only of the dui level 5 but the judge didnt give me any of my jail credit. my suspended sentence was 60 days but by me serving 82 leading up to the conviction shouldnt i be enitled to my jail credit leading up to the conviction. thanks

Raleigh, NC -

Attorney Answers (3)

Zachary Andrew Cohen

Zachary Andrew Cohen

DUI / DWI Attorney - Monroe, NC
Answered

First of all, you got a great deal. Thank your lawyer for that. You were sentenced to the lowest level of punishment in North Carolina for DWI. My guess is that your heroin charge had a bond and the DWI and class 2 misdemeanor of RDO did not have a bond attached. Call your attorney. I think you will find that your confinement was related to the felony and the dismissal of the felony would explain why you would not be entitled to pre-trial on your level 5 plea.

Shannon Aldous

Shannon Aldous

Criminal Defense Attorney - Boone, NC
Answered

Typically you are entitled to pre-trial credit. However, there are a few things that may have changed that. Were you being held for anything else, even if it was in another county? If so, potentially your credit was or will be applied for that. Were you in custody as part of a probation violation or other old judgement? If the answers are no to these questions, was the Judge made aware that you had pre-trial credit? If not, you can ask your attorney to re-address the Judgement with the Judge. Are you sure, you only got 60 days active as the judgment? Also, as part of the plea deal on your DWI, you may have been put on probation, but barring any other issues, I would still think you would be entitled to your credit if you are violated. I would recommend you speak with your attorney and review a copy of the Judgement.

The information presented here, by Attorney Shannon Aldous, is not intended to be legal advice and does not create... more
Jasen Bodie Nielsen

Jasen Bodie Nielsen

DUI / DWI Attorney - Santa Barbara, CA
Answered

Usually, but sometimes the time spent in custody is part of the negotiation process. I'd certainly suggest giving your attorney a call. Good luck.

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