Avoid Dead Time – Receive Credit for Time Served

When a defendant spends time in a Utah jail prior to conviction, they will want to avoid this duration becoming dead time and ensure they receive credit for time served.

Waiting game

Photo by: Santi Villamarín

Photo by: Santi Villamarín

Sometimes the time between being arrested and being convicted can drag on, leaving the defendant waiting in jail for their time in court. Sometimes this is due to the defendant either not being allowed out on bail or being unable to afford it. Although the state has to file charges within a determined amount of time, things may take longer especially if the case goes to trial. Additionally, if the right to a speedy trial has been waived, this can add more time to the wait.

Credit for time served

Whatever the reason is for having an extended wait time in jail before sentencing, that time spent behind bars should count for something. Credit for time served is time that is taken off of a sentence because of time spent in jail prior to the hearing. For instance, if someone spends three months in jail prior to their hearing and is then sentenced to a year in jail, they can receive the three month credit for time served, reducing their jail time down to nine months from that point.

Make sure it counts

Time Served

Photo by: Neil Conway

If a defendant finds themselves spending time in jail while awaiting a sentencing hearing, they need to confirm that their attorney requests the judge to issue credit for time served. While this should be a given, occasionally this topic can be missed, especially by an overworked court appointed public defender or by a Utah judge who may simply overlook signing off on it. A qualified criminal defense attorney will ensure that credit for time served is received and that no time behind bars is wasted.