and when they get out and are later found innocent if they commit a crime will time served be considered?
2006-09-26 06:35:40 · 10 answers · asked by james 2 in Education & Reference ➔ Other - Education
In the scenario you gave, it is possible for time served to be applied. It all depends on the laws of the state and the decision made by the judge presiding over the case. Generally speaking, the judge is required to consider any and all mitigating factors presented by the defense (although the prosecution can attack the veracity of any of those matters), but that doesn't necessarily mean the judge is REQUIRED to give credit for time served.
2006-09-26 06:44:42 · answer #1 · answered by sarge927 7 · 0⤊ 0⤋
So your asking, if someone served 10yrs time for a crime they found later to be innocent of, and then went out an commited a crime, I would think the person would serve the sentence of the crime they actually committed, regardless of time served.
2006-09-26 06:39:39 · answer #2 · answered by Moto 2 · 0⤊ 0⤋
No. There is a thing called double jeopardy meaning once u are found guilty of a crime you can't be tried again. This also applys once you have been convicted a sentance can be overthrown however time served is not considered lee way to commit another crime. k.
2006-09-26 07:01:36 · answer #3 · answered by Mags 1 · 0⤊ 0⤋
I seriously doubt the person would somehow get "credit" for time served for an unrelated crime (even if innocent of first crime). Each incident would be dealt with separately.
2006-09-26 06:44:19 · answer #4 · answered by clarity 7 · 1⤊ 0⤋
if u were convitced of a crime u didnt commit and served time......ss bout that....our justice dept. is all messed up.......but after u were released and commited a crime well than regardless of the fact of wrongfully serving time.....oooo well u need to pay the price.....do the crime do the time....thats what i say
2006-09-26 06:44:23 · answer #5 · answered by bear 3 · 0⤊ 0⤋
the records would show he served time for a crime never commited by him/her. if later on he comitts a nonviolent crime he will receive credit for time already served.
2006-09-26 06:45:23 · answer #6 · answered by bosox_fan_04 1 · 0⤊ 0⤋
You wouldn't get credit for time served but you could bring a wrongful imprisonment lawsuit against the government.
2006-09-26 06:53:25 · answer #7 · answered by angelica_rae 3 · 0⤊ 0⤋
No they probably won't even get an apology
2006-09-26 06:43:37 · answer #8 · answered by BUPPY'S MEME 5 · 0⤊ 0⤋
and how exactly is this going to happen?
but I think that Moto is right.
2006-09-26 06:44:04 · answer #9 · answered by medicina3mundo 3 · 0⤊ 0⤋
No.
2006-09-26 06:50:19 · answer #10 · answered by mykids 1 · 0⤊ 0⤋