"Time Served" in CA Criminal Courts
“Time served” is a term used by California criminal courts to impose a sentence that is deemed to be completely satisfied by the defendant's previous time spent in custody. This concept, which ensures that the defendant's time spent in jail while awaiting trial or sentencing is not in vain, is a testament to the fairness and justice of our legal system, instilling confidence in the system's integrity.
For instance, if a defendant spends three years in jail between their arrest and sentencing, and the defendant is ultimately sentenced to three years for the same criminal conduct, the sentence imposed will be “time served.”
This means the defendant's sentence has been completed, and they will be released from custody, bringing a profound sense of relief and freedom, reassuring the defendant and their loved ones. The term can also be used to refer to credits granted to a defendant's sentence for previous incarceration.
For example, if the defendant spent three years incarcerated before being sentenced and received a sentence of five years, their “time served” credit would mean that they would only have to serve two more years to complete their sentence, as the credit would be applied to their sentence. Thus, they would be sentenced to “time served plus two years,” or some variation thereof.
The term “time served” can also be extended beyond the scope of incarceration to include credit for time spent on house arrest, supervised release, or in a form of custody other than incarceration, such as rehabilitation.
Imagine you are being held in custody while awaiting trial. In such a situation, a defense lawyer, who is your legal representative, may be able to negotiate a 'time served' plea agreement on your behalf. This could be a ray of hope, as sometimes, the district attorney might even offer one, potentially resolving your case quickly and with minimal additional jail time. The defense lawyer's role in this process is crucial, as they advocate for your rights and negotiate the best possible outcome for you.
Time Served Quick Facts
- Time served refers to the time you've already spent in custody while awaiting the resolution of your case.
- When you're held in jail before a trial or plea agreement, those days are counted as credit toward your sentence.
- A "time served" deal is a plea agreement where you plead guilty in exchange for being sentenced to the time you have already spent in custody, which allows you to resolve your case without serving additional jail time.
- After a time served deal is finalized, you are no longer required to remain in custody and may be released immediately.
- Most time served deals also include being placed on probation as a condition of release.
Time Served Deals
If the district attorney offers you a "time served" deal, it means they are proposing a plea agreement that says the time you have already spent in custody will be considered sufficient punishment for the crime you are charged with. This process typically involves the following steps:
- You will plead guilty to the criminal charges as part of the plea deal.
- You would be released immediately or soon after the court accepts the agreement.
- Time served deals can sometimes include accepting probation without any additional jail time.
Time served deals are typically offered by the district attorney in the following situations:
- These plea deals are common in cases involving low-level crimes, such as misdemeanors or infractions.
- People with no prior criminal record may be offered time served deals to settle the matter without harsh penalties.
- If the time you've spent in jail already equals the expected sentence, a "time served" deal makes more sense.
- When jails face overcrowding, prosecutors are more inclined to resolve cases quickly.
What Does PC 2900.5 Say?
The full text of California Penal Code 2900.5 PC says -
"(a) In all felony and misdemeanor convictions, either by plea or by verdict, when the defendant has been in custody, including, but not limited to, any time spent in a jail, camp, work furlough facility, halfway house, rehabilitation facility, hospital, prison, juvenile detention facility, or similar residential institution, all days of custody of the defendant, including days served as a condition of probation in compliance with a court order, credited to the period of confinement pursuant to Section 4019, and days served in home detention pursuant to Section 1203.016 or 1203.018, shall be credited upon his or her term of imprisonment, or credited to any base fine that may be imposed, at the rate of not less than one hundred twenty-five dollars ($125) per day, or more, in the discretion of the court imposing the sentence.
If the total number of days in custody exceeds the number of days of the term of imprisonment to be imposed, the entire term of imprisonment shall be deemed to have been served.
In any case where the court has imposed both a prison or jail term and a fine, any days to be credited to the defendant shall first be applied to the term of imprisonment imposed, and thereafter, the remaining days, if any, shall be applied to the base fine.
If the base fine is not satisfied by jail credits or community service, the penalties and assessments imposed on it shall be reduced by the percentage of the base fine that was satisfied.
(b) For the purposes of this section, credit shall be given only where the custody to be credited is attributable to proceedings related to the same conduct for which the defendant has been convicted. Credit shall be given only once for a single period of custody attributable to multiple offenses for which a consecutive sentence is imposed.
(c) For the purposes of this section, "term of imprisonment" includes any period of imprisonment imposed as a condition of probation or otherwise ordered by a court in imposing or suspending the imposition of any sentence, and also includes any term of imprisonment, including any period of imprisonment prior to release on parole and any period of imprisonment and parole, prior to discharge, whether established or fixed by statute, by any court, or by any duly authorized administrative agency.
(d) It is the duty of the court imposing the sentence to determine the date or dates of any admission to, and release from, custody prior to sentencing and the total number of days to be credited pursuant to this section. The total number of days to be credited shall be contained in the abstract of judgment provided for in Section 1213.
(e) Any agency must which a person is committed to apply the credit provided for in this section for the period between the date of sentencing and the date the person is delivered to the agency.
(f) If a defendant serves time in a camp, work furlough facility, halfway house, rehabilitation facility, hospital, juvenile detention facility, similar residential facility, or home detention program pursuant to Section 1203.016, 1203.017, or 1203.018, in lieu of imprisonment in a county jail, the time spent in these facilities or programs shall qualify as mandatory time in jail.
(g) Notwithstanding any other provision of this code as it pertains to the sentencing of convicted offenders, this section does not authorize the sentencing of convicted offenders to any of the facilities or programs mentioned herein."
What are the Advantages?
Accepting a "time served" deal typically means you'll be released from custody immediately. This can be a significant relief if you've been waiting in jail and want to resume your life.
A plea agreement that includes time served concludes your case, sparing you the uncertainty of a prolonged trial. It allows you to move forward and focus on rebuilding your life.
By agreeing to a time served deal, you avoid spending more time in jail, which may have been the outcome if your case had gone further or resulted in a conviction. Also, resolving your case quickly can save on legal fees, court expenses, and other costs associated with a lengthy trial.
What are the Disadvantages?
To accept a time-served deal, you'll need to plead guilty to the charges. This can result in a criminal record, which may have long-term consequences for your employment, housing, and other aspects of your life.
If you believe you're innocent, accepting a "time served" deal may feel like giving up your right to defend yourself in court.
A plea agreement might include conditions such as probation, community service, or mandatory counseling. Failure to meet these conditions could result in further legal trouble.
If you face legal trouble again, your prior conviction could result in more severe penalties, making it crucial to carefully weigh the long-term consequences of accepting responsibility.
Why You Need a Defense Lawyer
A time-served deal might be a viable option for resolving your case quickly and avoiding additional jail time. However, every case is unique, and the decision to accept such a deal depends on your circumstances, the charges against you, and the potential consequences and aftermath.
Our experienced California criminal defense attorneys can evaluate your case to help determine whether accepting a time served deal is in your best interests. If so, we can also negotiate for the most favorable possible terms of post-trial release, such as lenient probation terms. For more information, contact our criminal defense law firm, Cron, Israels & Stark, located in Los Angeles, CA.
Related Content: