New Jersey Jail Credits & Credits for Time Served

Criminal Charges Defense Lawyer in Totowa, New Jersey

Alissa Hascup represents clients throughout New Jersey, including in Passaic County, Morris County, Essex County, and Bergen County, who have been charged with criminal offenses such as kidnapping, aggravated assault, resisting arrest, and endangering the welfare of a child.

If you have criminal charges pending, or if you have pleaded guilty to or been found guilty of a crime and are awaiting Sentencing, it is imperative that you have an experienced attorney represent you and fight for the best possible result. Additionally, if you are currently incarcerated, or served jail time at any point while charges were pending against you, it is critical that your attorney understands the various jail credits that you may be entitled to and argue that you be given all of them at the time of sentencing. Contact Alissa Hascup anytime to schedule an initial consultation, which is always provided free of charge.

Jail Credits & Credits for Time Served in New Jersey

Jail Credit – Rule 3:21-8.

Credit awarded for pre-sentence time served under Rule 3:21-8 is commonly referred to as “jail credit.” Rule 3:21-8 specifically states that a defendant shall receive credit on the term of a custodial sentence for any time served in custody in jail or in a state hospital between arrest and imposition of sentence.

NOTE: This means that if you served time in a state psychiatric facility during the pendency of your matter, you are entitled to credit.

“Gap-Time” Credit – N.J.S.A. 2C:44-5b(2).

Credit awarded under N.J.S.A. 2C:44-5b(2) for time served between the imposition of different sentences is commonly referred to as “gap-time” credit. It applies when a defendant is incarcerated on multiple pending charges. Gap-time credit comes off the back-end of a sentence. It essentially reduces the aggregate term upon which the Parole Board must compute the defendant’s parole eligibility date. Gap-time can not, however, reduce a period of parole ineligibility.

NOTE: Once the first sentence is imposed, a defendant awaiting sentencing on other charges gets no more jail credits. Rather, a defendant only accrues gap-time credits until the sentence on the remaining charges is imposed. See State v. Hernandez, 208 N.J. 24, 50 (2011).

NOTE: Gap-time does not apply to out-of-state sentences.

Detainers

A defendant in jail pending trial in one county that is subject to a detainer on charges in another county must receive jail credits for that time on both charges if ultimately sentenced on both.

Confinement in another state or foreign country is considered jail credit as long as the defendant is only being held on the New Jersey charges (i.e., not being held on charges from the other jurisdiction or serving a sentence).

Credit for Time on Parole

A defendant is not entitled to jail credit for time spent in custody pending sentence on a new charge committed while on parole (even if a parole warrant/detainer was lodged). That is because when a parolee is taken into custody on a parole warrant, the jail credit is attributable to the original offense on which parole was granted and not to any new offense committed while on parole.

If the parole warrant is withdrawn or parole is not revoked and the defendant is convicted and sentenced on the new charges based on the same conduct that led to the parole warrant, jail credit should be given towards the new sentence.

If parole is revoked, jail credit for time served between the parole warrant and sentencing on the new offense should be credited to any period of re-imprisonment ordered by the Parole Board.

Contact a Denville NJ Criminal Sentencing Defense Attorney Today

If you find yourself in a situation where you or a loved one have been charged with a crime and time served credits may be an issue at sentencing, contact Ms. Hascup immediately. Don’t put a single day of your liberty at risk. Get the credit you are entitled to.

Alissa D. Hascup is a battle-tested criminal defense attorney who understands the importance of limiting your exposure to the greatest extent possible. She is prepared to use her extensive experience and knowledge of the law to your advantage. Call 862-257-1200 or email her anytime for your free initial consultation.