Oklahoma City, OK asked in Criminal Law for Oklahoma

Q: What motion is it where you ask about you time being out on bond getting counted towards your incarnation time?

Where pre-sentance confinement & time on bail gets counted toward time served.

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1 Lawyer Answer
David A. Cincotta
David A. Cincotta
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: It's not really a motion. If it is part of a plea agreement, then it would need to just be written into the plea paperwork. If it is blind plea sentencing (where there is no agreement) or sentencing after a bench/jury trial, the defendant (through the defendant's attorney) can request credit for time served. That being said, generally the courts do not order time in which someone was out on bond to be counted toward a sentence.

It is common for the courts to order credit for time served (for time actually spent in custody awaiting trial or disposition of the criminal case), and so long as the Judgment and Sentence does not state otherwise, the Department of Corrections will apply pre-sentencing jail time to the sentence.

Post sentencing jail time (which can be a few weeks to several months) is automatic and cannot be denied.

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