Definition:
Time served refers to the period of incarceration that an individual has already spent in jail while awaiting trial. If the accused is subsequently convicted and sentenced to imprisonment, the judge may determine that the time already served is sufficient and release the individual. Alternatively, time served can also refer to the credit given to an individual for the duration they have already spent in jail, resulting in a reduced remaining sentence. The specific regulations regarding time served vary among different states.
The term “time served” is used by courts to indicate that a defendant’s previous period of incarceration while awaiting sentencing has fulfiled their sentence. This means that the imposed sentence is equal to the time the defendant has already spent in jail, resulting in their release. For instance, if a defendant spends three years in jail from the time of their arrest to their sentencing, and their ultimate sentence is three years, it will be considered “time served” and they will be set free. This term can also apply to credits given to a defendant’s sentence for previous time spent in custody. For example, if a defendant was incarcerated for three years before being sentenced to five years, their “time served” credit would mean they only have to serve two more years to complete their sentence. In some cases, the term “time served” can extend beyond incarceration to include credit for time spent on house arrest, supervised release, or other forms of custody. The specific laws regarding time served awards vary by state. For example, in Montana, time served credit can be given regardless of whether the defendant was held in connection with another matter in a different county. In Washington, defendants eligible for bail can still receive time served credits, while in Florida, this may not always be the case. The term “time served” can also encompass time spent on house arrest, supervised release, or rehabilitation, depending on the state. For instance, in Pennsylvania, time spent in inpatient alcohol rehabilitation can be credited towards a subsequent sentence of incarceration. However, in South Carolina, “time served” only applies to time spent in penal institutions.
“Time served” refers to the period of time a person has already spent in custody or confinement, which is typically credited towards their sentence.
Time served is calculated by adding up the number of days or months a person has spent in custody or confinement, including any pre-trial detention or time spent in jail awaiting trial.
Yes, time served can be applied to reduce a sentence. If a person has already served a significant portion of their sentence, the court may consider granting credit for time served, resulting in a shorter overall sentence.
Yes, time served can be applied to probation or parole. If a person has already served a portion of their sentence in custody, it may be credited towards their probation or parole period, allowing for an earlier release.
In some cases, time served can be earned for good behavior. Depending on the jurisdiction and the specific circumstances, individuals may be eligible for early release or sentence reduction based on their behavior while in custody.
Time served typically does not include time spent on house arrest or electronic monitoring. These forms of confinement are often considered separate from custody, and the time spent on them may not be credited towards time served.
No, time served cannot be applied to fines or restitution. Time served only refers to the period spent in custody or confinement and does not have any impact on financial obligations imposed by the court.
Yes, time served can be used as a defence in a criminal case. If a person has already served a significant amount of time in custody, their defence attorney may argue for a reduced sentence or alternative sentencing options based on the time already served.
Time served is generally not subject to appeal or challenge. Once a person has served their time in custody, it is considered a completed period, and there is limited recourse for challenging or altering the credit given for time served.
In some cases, time served can be transferred to another jurisdiction. This typically occurs when a person is extradited or transferred to another jurisdiction to face additional charges. The receiving jurisdiction may consider the time already served in the original jurisdiction when determining the overall sentence.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/time-served/
- Modern Language Association (MLA):Time Served. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/time-served/.
- Chicago Manual of Style (CMS):Time Served. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/time-served/ (accessed: May 09 2024).
- American Psychological Association (APA):Time Served. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/time-served/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts