Does 120 shock treatment time count toward prison sentence time served

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He was on probation got charged additional felonies. Given 7 year sentences on all new and old felonies To be served CONCURRENTLY

4 Attorney Answers

Best Answer
Assuming it was 120 days in prison. It will count on the sentence on which it was served. He would not get any credit for the 120 on the new cases. While the cases are run concurrently that does not mean he will get credit for time served on a different case.
Best Answer
It will only be credited to the current sentence not to any other sentence.
Best Answer
120 days do not count because you were not serving a prison sentence. The Circuit Court had jurisdiction over you under RSMO 559.115. It does not matter that you served time in a state prison. Sorry and good luck!
Best Answer
Jail time includes every day the defendant is in jail, prison, or custody following his arrest to such time as he is delivered after sentence and judgment to the jail or prison where he is to serve his sentence. Section 558.031, RSMo (2006). Credit is due for any time in custody that is "related to" the offense for which credit is sought. State ex rel. Nixon v. Kelly, 58 S.W.3d 513 (Mo. banc 2001). A defendant will be given credit only once for the total time spent in jail prior to sentencing. If he is sentenced on another nonconcurrent charge by the same or another judge, duplicate jail time cannot be given. See State v. Riley, 761 S.W.2d 745 (Mo. App. 1988). His time in jail after sentencing to his delivery to jail to begin serving his sentence is also jail time credit. Jail time applies to a sentence to be served in a county jail or with the Missouri Department of Corrections and Human Resources. State ex rel. James v. Stamps, 562 S.W.2d 354 (Mo. banc 1978). Time served in another state or in a federal facility may be credited, but only if custody was compelled "exclusively" by the state of Missouri's action, i.e., a Missouri detainer. Section 558.031.1(2), RSMo (2006).

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