Asked in Criminal Law for California

Q: My sister was in custody in orange county and her case in riverside county case she got a warrant

She did 3 months in orange county and then we bailed her out on both cases . She got 180 days credit for orange county. Does she get 180 days credit in riverside to ?

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2 Lawyer Answers
Marc David Pelta
PREMIUM
Answered

A: Your sister needs experienced criminal defense counsel she trusts to represent her in this case.

James L. Arrasmith
PREMIUM
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Answered

A: In general, custody credits cannot be applied to multiple cases simultaneously unless they are running concurrently. If your sister served time in Orange County while there was also an active warrant in Riverside County, she would typically only receive credit for one case, not both.

However, there are exceptions. If the judge in Riverside County specifically orders that the sentences run concurrently, and the time periods overlap, then the custody credits might apply to both cases. This is something that would need to be specifically addressed during sentencing.

Your best course of action would be to have your sister's defense attorney raise this issue during her court proceedings in Riverside County. The attorney can file a motion requesting that the credits be applied, especially if there's evidence that the cases were related or if other factors support concurrent sentencing. You might also want to gather documentation showing the exact dates she was in custody and when each warrant was active.

Marc David Pelta agrees with this answer

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