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What Jail Time Credit Will Be Applied?

One question that frequently arises at sentencing is what jail time credit will be applied?  Time spent in confinement can be credited against a sentence.  Confinement includes jail and community based correctional facility (CBCF).  Treatment can count if the defendant was confined there.  In order to get credit, the person had to be in custody for the case that is proceeding to sentencing.  In other words, the person cannot get credit for time served on another charge or other case.



Credit for jail time is supported by the Equal Protection Clause in the Fourteenth Amendment to the United States Constitution, the Equal Protection Clause of Article 1, Section 2 of the Ohio Constitution, R.C. 2967.191, R.C. 2929.19, and R.C. 2945.38.  The Ohio Supreme Court has ruled on jail time credit in a number of decisions:  State v. Fugate, 117 Ohio St.3d 261; State ex rel. Rankin v. Mohr, 130 Ohio St.3d 400.


Most of the time, the court properly applies jail time served at sentencing.  There is often a pre-sentence investigation, which sets forth the number of days of jail-time credit due to the defendant facing sentencing.  If the defendant is still in custody, the defendant often has a wristband on which states the date that the person was taken into custody.  However, in those few instances where this is not done correctly, it is important to know the types of confinement that is entitled to credit, as well as the supporting statutes, constitutional provisions, and cases dealing with this important issue.


Read my other articles on criminal sentencing in Ohio: Ohio juveniles can get adult sentence; pitfalls in Ohio agreed sentences; Most fifth degree felonies in Ohio have reduced sentences; misdemeanors versus felonies in Ohio; Ohio court strikes down sex offender registration law for juveniles; facing the music in other states; and getting credit for your time in jail in Ohio. My record of success speaks for itself. I have successfully defended individuals for both misdemeanor and felony offenses, as set forth in the case highlights section.


Attorney Gigiano is a Medina felony attorney in Wadsworth, Ohio.  If you have questions about this or other questions you need answered by an experienced Wooster felony lawyer near Orrville or an Akron felony attorney near Barberton, please call Attorney Daniel F. Gigiano at 330-336-3330.  Attorney Gigiano has tried over thirty-five jury trials to a verdict, many of them in Medina County, Summit County and Wayne County.  As a result of his hard work and dedication, Daniel Gigiano‚Äôs reviews in numerous websites demonstrate the high quality of his work, and his work is documented in several articles and links.