Motion For Time Served Form Texas In Wake
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FAQ
Credit for Time Served is when a Judge gives a defendant who was in or is in jail, credit on their citation(s). Time served is not given automatically when released from jail; a Judge must approve it. You have to make the request for each citation and provide proof with each Court where you have outstanding warrants.
The time you spend locked up before your trial counts towards your eventual sentence. If a judge failed to give credit for time served, it could be considered a violation of your constitutional rights. However, there may be some rare exceptions where a judge has discretion over whether to award credit for time served.
In federal court you will have to serve 85% of your sentence if convicted of federal charges. Thus, if you are sentenced to 10 years in prison, you will actually serve 8.5 years in prison. However, for most state felony convictions, you will only serve 50% of your actual sentence.
It would be a post-conviction motion to file with the help of a jail credit attorney. You need to provide where you were sentenced, as mentioned earlier, and request the judge to grant you credit for the time you served.
To request time served, you must provide proof of incarceration from a jail or prison that includes the dates you were incarcerated, along with the request form linked below. To consider your request, you must enter a plea for the charges for which you are request jail credit, if you have not done so already.
If a prosecutor offers you a “time served” deal, it means they are proposing a plea agreement where the time you have already spent custody will be considered sufficient punishment for the crime you are charged with.
If a prosecutor offers you a “time served” deal, it means they are proposing a plea agreement where the time you have already spent custody will be considered sufficient punishment for the crime you are charged with.
