If you are charged with a crime in Georgia, you may be curious to know if you will get credit for time served while awaiting trial and sentencing. This does happen in some criminal cases. Whether or not you will receive time served will depend on the specific facts of your case. For example, if you are unable to pay your bond or you are denied bond, you likely spent time in jail leading up to trial. Under Georgia law, you are entitled to credit for all days spent in custody.
In this blog post, we explore what Georgia's laws state about receiving credit for time served in criminal cases.
Credit for Time Served in Georgia Criminal Cases under the O.C.G.A 17-10-11
Georgia criminal code section 17-10-11 outlines specific guidelines on when someone should get credit for time spent in confinement and the conditions under which the judge should not award credit for time served. This law states that a criminal defendant should be granted full credit for every day spent in custody, counting from the date of arrest.
In some cases, a judge is required by law to give credit for time spent in custody. But even when they aren’t obliged to grant the credit, they may still decide to do so.
There are specific circumstances when judges are required to give credit for time served in Georgia criminal cases. For instance, if a defendant is sentenced for an offense, they will be granted credit for the period they served in a penal institution. They will also receive credit for any time served in a facility where the defendant was being treated for an addictive disease, emotional or mental condition, or a developmental disability.
In other situations, the judge will have the discretion on whether to give credit or not to someone who spent time in custody. The court may also deny credit in the following situations:
- You are required to complete a program at a probation detention center,
- You are allowed to participate in a work release program, or
- You spent time in confinement for a misdemeanor in another jurisdiction from where you were arrested.
Hiring a Georgia Criminal Appeals Attorney
Credit for time served can have a major impact on sentencing after a conviction. You may have a reduced prison sentence. You may be sentenced to time served and parole. Or you could be sentenced to time served with no further penalties. The end goal is to only imprison an individual for the time that the law requires.
If you or a loved one are currently serving a prison sentence and would like to learn more about your eligibility to appeal your case or qualify for parole, The Bullard Law Firm can help. Call us at (404) 954-0598 or fill out our online contact form to schedule a consultation with our lead Georgia criminal appeals attorney, Brandon Bullard.
