How doesserving time on 2 concurrent sentences calculated?
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How doesserving time on 2 concurrent sentences calculated?
My son was sentenced to 3 years on an assault charge. While incarcerated he was charged with a separate crime, breaking and entering. He was charged with the B&E in 07/03 and sentenced in 11/03. For the B&E he was sentenced to 9 years to be served concurrently with the 3 year assault charge. Does he get credit for time served from 07/03 to 11/03 to be applied to his 9 year sentence?
Asked on September 8, 2010 under Criminal Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Since both sentences are to run concurrently, your son should get credit for the four month period he had served. Usually, when one is sentenced and the person has already served time while awaiting the sentence, that time is credited towards the sentence.
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