Criminal Mischief

What is Jail Credit

State v. Joe, a recent New Jersey Supreme Court case, addresses and clarifies the significant issue of jail credit, pending New Jersey cases, and out-of-state crimes. State v. Joe definitively illustrates, in fact, that New Jersey will not allow jail credit for time served while awaiting sentencing for an out-of-state crime (if that out-of-state charge isn’t directly related to the pending New Jersey charge).

Jail Credit

Jail credit is a sentencing credit that’s sometimes allowed to New Jersey defendants who are facing single-indictment charges. This jail credit reflects the time a defendant spent in custody while awaiting sentencing. For example, if you are eligible for jail credit and you spend 50 days in jail (while your case is being processed and sentencing is being determined) and if you are subsequently sentenced to 90 days of jail time, your 50-day jail credit will be subtracted from your 90-day sentence – leaving you with 40 days of jail time remaining on your sentence. Nobody wants to do more jail time, and jail credit can be extremely beneficial.

The Application of State v. Joe

The defendant in State v. Joe fled New Jersey before his drug-offense sentencing was handed down, and a warrant for his arrest was issued. Joe was subsequently arrested for a separate crime in New York, and he remained in New York custody from the time of his arrest through his sentencing. Ultimately, Joe resolved his New Jersey case through a plea bargain and he asked for jail credit for the jail time he spent while awaiting sentencing in New York. New Jersey denied that request and did not allow Joe any jail credit.

On appeal, Joe’s case ultimately went to the New Jersey Supreme Court where it was decided that defendants who are jailed out of state for crimes committed out of state are not eligible for any jail credit for the time they served while awaiting out-of-state sentencing. Therefore, if you’re facing pending charges in New Jersey but are detained out of state for different charges, you won’t receive jail credit in New Jersey for any pre-sentence jail time that you spent in that other state.

It’s a complicated but important distinction for anyone who’s attempting to receive jail credit. An experienced New Jersey criminal lawyer can help.

If You’re Facing Criminal Charges in New Jersey, Call (833) 732-7320 for a Free Consultation Today

If you or someone you care about is facing criminal charges in New Jersey, the Law Offices of Leon Matchin can help. Our experienced criminal defense attorneys have the skill and dedication to fight for your rights and to obtain your best outcome (jail credit or not). It’s in your best interest to present your best case, give us a call at (833) 732-7320 or contact us online today.

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