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Time served is a term colloquially used by courts when imposing a sentence that is deemed to be completely satisfied by the defendants previous time spent in custody while awaiting sentencing.
If you are sentenced to a 1 year sentence then the maximum time you would serve in prison would be 6 months. You may also be eligible for HDC (Tag) if your sentence is over 6 months and less than 4 years. A HDC (Tag) means you could get upto a further 134 days out of prison earlier by being under Home Detention Curfew.
Go to Documents and Forms and download the Letter Requesting Time Served for a sample letter. If you havent already entered a plea and been convicted, youll need to first plead Guilty or No Contest in order to be sentenced. You can often do this in the letter without going to court.
It is only time spent in jail. So if you are sentenced to 364 days in county jail and you have been in jail for 75 days, you will be sentenced to 364 days with credit for 75 days. That means that your actual sentence will be 289 days (364 - 75 = 289).
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