If you have actually been convicted of a crime and you are sentenced to jail or jail, among your significant concerns ~ worry about surviving the ordeal is exactly how much of her sentence girlfriend will must serve. In Virginia, calculating the time that you have to serve deserve to be complicated. There are countless factors the may affect your release date, and different counties calculation the time served differently. In addition, you may be licensed has been granted to time turn off for an excellent behavior. Here, we talk about some the the basics of just how your jail time might be calculated.

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Is over there Mandatory jail Time in Virginia?

Some crime in Virginia lug mandatory minimum jail sentences. This is the prison time the a judge must sentence you to, and also he can not suspend any portion of it. If you space sentenced to a mandatory jail sentence, friend are required to offer it in energetic jail or prison. You room not licensed has been granted to have the minimum jail time reduced for an excellent behavior. Common crimes that come with mandatory minimum jail sentences include:

DUI conviction whereby the BAC was .15 percent or higher

How Is prison Time Calculated for Misdemeanors?

The sheriff’s room is frequently responsible for calculating jail time for civilization convicted that misdemeanors. However, if you room sentenced for an ext than one year in jail, the Virginia room of Corrections might calculate her time. Under Virginia law, sheriff’s departments should require inmates to serve 50 percent of your sentences unless there is a mandatory minimum sentence. In most Northern Virginia jails, human being will only serve 50 percent of their sentence conditional on their great behavior.

How Is prison Time Calculated for Felonies?

If her felony sentence is for much less than a year, her jail or prison time would be calculate by the regional sheriff’s department. For a sentence of more than a year, the Virginia department of Corrections would certainly calculate your time and also release date. Under the law, girlfriend are forced to serve 85 percent of a non-mandatory felony sentence. Exactly how much of the 15 percent credit you get would count on the policies of the individual jail. Countless in Virginia will give an inmate the complete 15 percent credit while a couple of may not offer as lot credit.

Differences in exactly how Jail Time Is Calculated

Different jails calculate a work or month of jail time differently, making that more an overwhelming for you come be specific their calculations are accurate. For example, in Fairfax County, your time would certainly be calculated making use of a calendar day. If you were serving jail time in Prince William, her time would be calculated based on a 24-hour day. Right here is just how these equipment work. If you were incarcerated in ~ 4:00 pm, in ~ 12:00 midnight, friend would have actually served the very first day of her sentence in Fairfax County. However, in Prince William, you would not have served a complete day until 4:00 pm the complying with day.

Do I acquire Credit for Time Served?

In Virginia, you space entitled to credit transaction for any kind of time that you served for the crime you were convicted of if in the jurisdiction. If you to be arrested in another jurisdiction, you would not gain credit for the time period you were waiting for extradition. In many cases, the credit is calculation automatically. If not, a referee may offer the credit transaction for time offered if you file a motion requesting that he perform so.

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What should You do If You believe There Is an Error in your Jail Time Calculations?

It is crucial that friend understand just how your time served in prison or prison is calculated to ensure the you perform not spend an ext time incarcerated than forced under her sentence. You additionally want to acquire the credit that you room entitled to for good behavior. If you have actually questions about your jail time or believe an error to be made in calculating your time, you require the assist of an knowledgeable criminal defense attorney. Call our Fairfax office now at (703) 352-0100 to schedule a free consultation to learn exactly how our criminal defense team have the right to assist you.