Is a defendant entitled to credit for time served as a condition of probation in compliance with a court order?

California, United States of America

The following excerpt is from The People v. Martin, C063322, No. 08F02360, No. 08F07238 (Cal. App. 2010):

Section 2900.5, subdivision (a) provides in part that: "all days of custody of the defendant, including days served as a condition of probation in compliance with a court order... shall be credited upon his or her term of imprisonment." Because defendant served a jail term as a condition of probation in the first case, he is entitled to credit for that time against his sentence in the first case. (See People v. Cooksey (2002) 95 Cal.App.4th 1407, 1414; People v. Lacebal (1991) 233 Cal.App.3d 1061, 1066.)^²

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

What are the consequences of a court's decision to reinstate probation after a defendant has violated probation and been ordered to pay a restitution fine and court fees? (California, United States of America)

When will a court strike down a probation order requiring a defendant to search their electronic devices in order to be placed on probation? (California, United States of America)

Is a defendant who has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the probation, entitled to change his plea or verdict to not guilty? (California, United States of America)

Does a probation officer have an obligation to judiciously enforce a probation condition that prohibits a defendant from attending a court? (California, United States of America)

Is a challenged probation condition that prohibits a defendant from breaching the terms and conditions of probation unconstitutional? (California, United States of America)

Is a probation condition of probation valid if it prohibits a defendant from engaging in sexual acts while on probation that is not in itself criminal? (California, United States of America)

Is a defendant entitled to an updated probation report because the probation officer mistakenly believed that he was ineligible for probation? (California, United States of America)

Can a probation order that a defendant stay off welfare by getting and keeping a job as a condition of probation be enforceable? (California, United States of America)

Can a trial court order restitution as a condition of probation for an adult defendant convicted of a hit-and-run? (California, United States of America)

Is a defendant entitled to credit for time served under section 2900.5 of the California Probation Code? (California, United States of America)

Is a defendant entitled to credit for time served as a condition of probation in compliance with a court order?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources