Yes. In Kentucky, when a defendant was detained in pre-trial custody while waiting for court appearances, at the time that a final sentence is adjudged, he or she will be credited for each day served in jail
Assume the following facts in this simple example:
- You were arrested, driven to jail, and after being read your Miranda rights, confessed immediately to committing four (4) Class A Misdemeanors, two of which involved violence.
- You were charged and arraigned the following day in District Court.
- Because of the overwhelming evidence against you (especially your confession), approximately one week later you entered into a plea agreement with the prosecution.
- Because you had missed a few traffic court dates in the past, and allegedly committed a violent offense in this case, the judge refused to lower your high financial bond. You were unable to get out of jail and were detained in pre-trial custody for a total 8 days before the day of your Guilty Plea and Sentencing.
- Pursuant to your plea agreement, you are sentenced to 12 months, but only 14 days to serve, the remainder (approximately 11 ½ months) probated for a period of 2 years. As a result of credit for time served, you would only be required to serve an additional 6 days after you are sentenced. However, if during the 2 years that you are on probation you are alleged and found to have violated the terms your probation, you could serve more time in jail.
If you (or a loved one) have been arrested in Kentucky or in the Lexington area in particular, call my office at (859) 685-1055 for a free consultation. Our lawyers specialize in helping defendants fight back on assault charges, misdemeanors, domestic violence, property crimes, drug charges and more, call today.