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Is it procedural error to not count time served in jail awaiting sentence?

Asked in Reading, PA - 4 months

2005 i was incarcerated for a crime awaiting sentence for over 3 1/2 months. at a case status hearing i was released on unsecured bail "ROR", 2 months later came back for sentence and judge sentenced 3 years probation in a plea agreement. I shouldnt the time spent in jail count towards some sort of sentence involving parole with time served? berks county,PA

Attorney Answers (3)

Robert C. Keller

Robert C. Keller

Media Criminal Defense Attorney

Licensed in PA

Answered 4 months ago. The sentence worked out with your attorney was for probation and did not take into account anytime spent in jail. Your attorney should have negotiated a time served sentence which would have placed you on parole with credit for time served. It is too late to go back in time to be resentenced. It is also possible that the parties took into account your time in by reducing the length of the probation.
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William A. Jones Jr.

William A. Jones Jr.

Wexford Criminal Defense Attorney

Licensed in PA

Answered 4 months ago. I again agree with Mr. Keller's analysis. While it is common for judges (even if not proposed by plea agreement) to use up pretrial custody in a time served followed by parole, there is not any relief that would be due you for failure of the sentence to do so.
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Adam D. Zucker

Adam D. Zucker

Conshohocken Criminal Defense Attorney

Licensed in PA

Answered 4 months ago. I'm not necessarily in agreement with my colleagues that your attorney should have gotten you a time served sentence. There is certainly a possibility that they should have but I've seen folks waive time served in order to remain in a county correctional facility rather than go to the state correctional system. I've see it be offered as the proverbial pound of flesh in a compromise to avoid a longer jail sentence. There are lots of reasons. Certainly looking at it without any other factors involved a time served to three years would be preferable but there may be reasons it was not done. As the others said it is a bit late to change that and since this was in 2005 you should be off probation by now.
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