Jail Terms for Out-of-State ChargesA recent New Jersey Supreme Court case, State v. Joe, addresses the issue of jail credit and out-of-state charges. This case clarifies how jail credit for out-of-state crimes applies to defendants facing separate sentencing in New Jersey. In fact, State v. Joe makes it clear that jail credit for an out-of-state crime that doesn’t relate to a New Jersey charge is not permissible.

Jail Credit

Jail credit refers to credit given to defendants – who are facing single sets of charges brought in single indictments – for their time spent in custody while awaiting sentencing. In other words, if you spend 90 days in jail while your case is being processed and you are ultimately sentenced to 6 months in jail, those 90 days served will be subtracted from your sentence (if you are eligible for jail credit).

State v. Joe

In State v. Joe, the defendant fled New Jersey before he was sentenced for drug offenses; a bench warrant was then issued for his arrest. Later, Joe was arrested and charged for separate crimes in New York, where he stayed in custody from arrest to sentencing. New Jersey filed an interstate detainer with New York, but Joe’s transfer to New Jersey was delayed until after he’d been sentenced in New York. Joe went on to resolve his New Jersey case via a plea arrangement and requested that the time he’d spent in pre-sentence custody in New York be commuted to jail credit in New Jersey. Joe’s request for jail credit was denied.

Joe appealed, and his case ultimately landed with the New Jersey Supreme Court. The Court determined that defendants who are confined in another state for non-New Jersey charges will not receive jail credit for time served pre-sentence out of state. Thus, if you are confined in another state for a charge that doesn’t relate to charges brought against you in New Jersey, you won’t be entitled to jail credit (for any time served out of state) against your New Jersey sentence.

If You’re Facing Criminal Charges in New Jersey, Call 732-238-8686 Today for More Information

If you or someone you care about is facing criminal charges, David C. Barry, Attorney at Law can help. Attorney David C. Barry understands that your case is too important to leave to chance; retain an experienced New Jersey criminal defense lawyer with the skill to fight for your best outcome. David will explain your rights and options, guide you through the court proceedings, and coordinate your comprehensive defense. If you need a skilled legal advocate, call David today at 732-238-8686.