Hesperia, CA asked in Criminal Law for California

Q: How long would my partner actually be incarcerated ? And would his time served be count?

My partner had been sentenced today to 365 days for 2nd degree robbery. This is his first crime. He's been incarcerated for almost two months. Would those two monthd count prior to his sentence? Or would time start all over again? He has court again in three weeks to discuss about that. But I am just too worried about it. Also , would he have to do the 365 fully ? Or can his time served be double which he can actually be serving 6 months? Thank you .

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1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: A lawyer really needs to have all the facts and the lawyer representing him would be the best to ask............

However he should get credit for the 2 months served already if in California. The court's minutes should show all this.

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