I was taken into custody due to a new arrest. The bail was too high for my family to pay. I remained in jail due to the high bail. In addition, I was on probation at the time of the arrest and the back judge put a detainer on me, so I could not have gotten out anyway. I eventually consolidated the two cases together before the back judge after seven months of sitting in jail. I was in jail the entire time. I received a sentence of 11 1/2 - 23 months plus 4 years reporting probation for the new case. The back judge violated me for my direct violation and re-sentenced me to my back time; I owe nine months. The back judge said the word concurrent, but did not say the words time credit. When is my minimum?
If you are in custody and you receive a sentence on any of the cases that were holding you in custody, you must receive time credit for at least one of the matters that were holding you in custody pending the outcome of the open matter(s). In your instant case, you must receive time credit for the time that you spent in custody for the seven months. Accordingly, your minimum should 4 1/2 months after the day you were sentenced.
Labels: concurrent, mandatory minimum, minimum, time credit