Is there any difference between the amount of time a defendant has spent in police custody and the actual time served in jail?

California, United States of America


The following excerpt is from People v. Kumar, C074620 (Cal. App. 2019):

their inability to post bail, and to equalize the actual time served in custody for various offenses. (People v. Ravaux, supra, 142 Cal.App.4th at p. 920.) "There is none of the unequal treatment this statute was directed at during a period of prebooking detention because all felony defendants, whether they post bail or not, are likely to be arrested and detained prior to being booked into jail." (Ibid.) Further, adopting defendant's view would introduce ambiguity into the credit calculation since a defendant may be detained and questioned by police multiple times and credit is given for a portion of a day in custody. (Id. at p. 921.) "By contrast, the booking of a suspect into jail represents a bright line for trial courts to begin counting credits." (Ibid.)

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