Legal Question in Criminal Law in Oregon
Can he use his time already spent as time served on his charge?
Okay,
My boyfriend, got arrested on Dec.16,2003 and is curently still being held with a 5,000 dollar bail. He got arrested for haveing weed and meth within a 1000 feet of a school, a PV, they also found a gun 2 blocks from where they picked him up at. They are trying to charge him with the gun even though it was not his gun and there were no prints found on the gun. His P.o doesn't have a hold on him and doesn't understand why there still holding him,hes not a high flight risk. Hes already done his 15 days for the PV.So Due to there being no evedence with the gun, Is there anyway he could get the last 6 weeks put twoards time served? I don't know how long you can get with the drug charges, but is it a possability, with the jails/courts low income right now, the jails being over crowded, and with the time he's already done. Could he have a chance to come home?He also has another court date in another county, they won't transfer him due to the low funding. He can't afford to miss that court date again. Is there anyway you can help us? Just by getting back to me would be great. I hope this is enough info, please help. Thank- you for your time.
Worried loved one!
1 Answer from Attorneys
Re: Can he use his time already spent as time served on his charge?
Your questions has many factors. The simple answer is that yes he can get credit for time served. Why he is being held can depend on his criminal history, plus his reliability factor. Has he missed court before? Does he have a stable address. On top of that, if he has dates in another county, there could be a hold.
Now just because he CAN get credit for time served, does not mean he WILL get credit for time served. Ultimately that is up to the judge if and when he is sentenced.
Good luck
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