Not sure if this is the right place to ask, but I’m wondering: if someone is in jail for longer awaiting trial than the maximum sentence for the charge, would the judge still make them serve more time? What if the person is innocent and doesn’t want to just accept ‘time served’?
It’s really common for people who can’t afford bail to plead guilty to get out faster, even if it’s not great for them long-term. If someone has been in jail for a year awaiting trial and then is sentenced to two years, that first year is generally credited as time served. If they’re found not guilty, they go free but don’t get any compensation for time spent in jail.
@Jordan
Do I get credit for future crimes then?
Time in advance, as William Penn would say.
No, there’s no “credit” system like that.
No, there’s no “credit” system like that.
Feels unfair. They should at least get some kind of reward!
@Mai
How about kicking the prosecutor in the shins?
Peyton said:
@Mai
How about kicking the prosecutor in the shins?
The system might be different if prosecutors felt some consequences.
Peyton said:
@Mai
How about kicking the prosecutor in the shins?
The system might be different if prosecutors felt some consequences.
Then they’d need a lower standard than ‘beyond a reasonable doubt.’
@Uma
Especially with plea deals. If someone takes a deal to get out but turns out to be innocent, it would be fair if prosecutors faced some consequence.
Peyton said:
@Mai
How about kicking the prosecutor in the shins?
Misread “prosecutor” and was very confused!
@Jordan
This happens often. For example, if someone gets charged with a minor theft, they might spend a night in jail and be offered a deal: plead guilty and get ‘time served,’ or go to trial and face potentially more court dates. Even if they might not be convicted, pleading out can seem easier in the short term. But, next time they’re in court, it can make the situation worse since they’ve got a prior ‘jail sentence’ on record.
If they’re found not guilty, the time just disappears, but they’re released. If they’re sentenced, the time served applies to that sentence, so it wouldn’t be ignored.
Kieran said:
If they’re found not guilty, the time just disappears, but they’re released. If they’re sentenced, the time served applies to that sentence, so it wouldn’t be ignored.
Sometimes you can negotiate a better plea deal if you’ve already done the time. If they know they can’t make you serve more time, the court doesn’t have much leverage.
@Amos
If my time served is already more than my max sentence, could I just call a bunch of witnesses and drag it out?
Ash said:
@Amos
If my time served is already more than my max sentence, could I just call a bunch of witnesses and drag it out?
Wouldn’t advise that. Just work with your lawyer instead—representing yourself could backfire.
Kalief Browder spent years in jail awaiting trial for allegedly stealing a backpack, with about 800 days in solitary confinement. His case was eventually dropped, but only after he spent years in jail with no trial.
@Noel
He was jailed based on very weak evidence, and the bail system kept him there since he couldn’t afford bail.
The judge can absolutely consider ‘time served’ and set a sentence accordingly.
Imagine a law that required the government to pay $1,000 per day for wrongfully incarcerated people. Suddenly, keeping people in jail awaiting trial for low-level offenses would be a lot less common.