What is the effect of Section 2900.5 of the California Criminal Code on a defendant's sentence for failing to post bail?

California, United States of America

The following excerpt is from People v. Aleman, F063601 (Cal. App. 2012):

In People v. Riolo (1983) 33 Cal.3d 223, 228, the court further observed: "In addition, the statute helps to equalize the actual time served in custody for given offenses. [Citation.] Thus, it awards credit not only for pretrial custody which is the result of the inability to post bail, but also for time served as a condition of probation and for pretrial custody which is not the result of indigency [citation]. '[S]ection[] 2900.5 ... reflect[s] the basic philosophy that when a person is incarcerated he is being punished by the reality of incarceration. Thus, ... any presentence time is credited towards his ultimate sentence.' [Citation.]" (Italics added.)

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