When a defendant is held in custody before his sentence is due, is he entitled to time to serve his sentence as a result of the time he was in custody?
California, United States of America
The following excerpt is from People v. Ayon, 196 Cal.App.3d 1114, 242 Cal.Rptr. 300 (Cal. App. 1987):
A defendant held in custody before he is sentenced usually is entitled to a reduction of the time to be served based on the length of that presentence custody. (Pen.Code, 2900.5.) Determination whether such credit is to be awarded, and the amount of such credit, can become complicated when more than one pending charge has resulted in incarceration. The parameters for this determination of credits recently have been reviewed by this court in People v. Adrian (1987) 191 Cal.App.3d 868, 236 Cal.Rptr. 685. If the defendant is awarded concurrent sentences for his multiple crimes, he generally is entitled to credit on each sentence for the time he was in custody as a result of that particular
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