Can I Get Credit for Time Served in Columbus, Georgia?

Before being convicted of a crime, many defendants spend at least a few nights behind bars. For example, they are detained before a bail hearing, and some are confined as they await trial. Still, other defendants are confined while being tested or assessed for mental illness, such as insanity.

The good news is that Georgia has a law specifically addressing a defendant’s right to credit for time served before sentencing. Some defendants will have to serve fewer days in jail thanks to this law.

You need an experienced Columbus criminal defense attorney who can use the law to your advantage. Call Moffitt Law, LLC, to schedule a consultation with our office.

What Georgia Law Says

O.C.G.A. § 17-10-11 states that upon conviction, a defendant shall be given “full credit” for each day in confinement in any penal institution or facility in the state, including facilities for the treatment or examination of a disability.

Essentially, this means that a defendant will get credit for time served for each day spent in custody since the day of the arrest for the charge in issue.

Credit for time served applies to:

1. Pretrial confinement for any reason since the day of arrest; and
2. Posttrial confinement awaiting transfer to the Department of Corrections or waiting to hear from the appellate court.

The law also applies to any time served anywhere in the state. As the law states, confinement in “any penal institution or facility” in the state qualifies, including confinement for “whatever reason.”

We have seen defendants get credit for time served in a variety of situations. Someone who is confined awaiting trial is an obvious example. Based on how long they waited, they might not even serve a day in jail or prison after a judge imposes their sentence.

In other situations, defendants are held in confinement while being treated for an illness or addiction so they can legally stand trial. This type of confinement also counts as time served, meaning that for each day spent in treatment, a day is credited toward the sentence.

Exceptions: When Time is Not Automatically Credited

Every law has exceptions, and this one is no different. Subsection (b) says that a judge “may” exclude credit for time served for pretrial confinement when the sentence:

• Requires a person to complete a program at a probation detention center
• Allows a person to participate in a work release program
• Is for a misdemeanor offense when pretrial confinement took place in a different jurisdiction

In these situations, a judge has discretion and may (or may not) exclude pretrial confinement from the sentence. An experienced Columbus criminal defense attorney will still make a strong argument to the judge, especially in situations like misdemeanor offenses, where you could still end up confined in jail as part of your sentence.

How to Get Credit for Time Served in Jail

Were you denied credit for time served? Do you have legal options to ensure you get credit for all time served?

Under O.C.G.A. § 17-10-12, the defendant’s custodian shall submit an affidavit to the court containing the number of days the defendant has been in their custody. The custodian will furnish this affidavit within 5 days after the sentence is imposed, and it becomes part of the official record.

The court clerk will also send the affidavit to the Department of Corrections. It’s up to the Department of Corrections to give a defendant credit for the number of days spent before conviction and sentence.

You should quickly contact an attorney if you do not believe you have been given credit for time served. Your lawyer can investigate and raise the issue with the appropriate authorities. Time served will also impact the pardon process, if that is something that interests you. You might even obtain a pardon faster, which could allow you to regain some of your rights.

Call Moffitt Law

The justice system is confusing for many, and there are nightmare stories of people stuck in jail long past the time they should be released. You need a defense lawyer who is looking out for your interests. Moffitt Law, LLC ensures that our clients are treated fairly throughout the criminal defense process.

Contact our office to discuss any criminal charge you are facing, whether a felony or a misdemeanor.

Our office has handled all types of defenses for men and women in Columbus who are facing criminal charges.