Time credits

Is it legal under any circumstance to withhold time credits for time served in county fighting a case. If so what are they"? Thanks

The Tx. Code of criminal procedure states that an inmate is ENTITLED to credit for all time served pending disposition of that case. It is possible to waive that credit through a plea bargain, which can be as simple as the State neglecting to list your jail credit on the judgment and you and your attorney not catching it. Other than by agreement, the State cannot deny you credit under any circumstances.

It is important to realize however that credit only accrues on a charge when you are actually being held on that charge. For instance, if you bond out on an assault and then get rearrested on a new offense, your prior bond on the assault might not be revoked and you are only accruing credit on the new charge. In this instance the State is not required to give you any of that time on the original assault charge, though they often will anyway.

Time Credit

My brother was was arrested and charged on Dec/07 he was sentenced 20 yr pen susp all but time served w/ 10 prob/cond. He had been in jail(JDH) since 5/08/07. In July 08 he was transported at the adult detention center and Aug 08 he went beck in front of the judge due to an error and wsa resentenced 20 pen/17 pen susp w/ 10 yrs prob. Will his time from the JDH still be calculated or since the moved him will it restart?

Sorry I can't really tell what all of your abbreviations stand for and those don't look like sentences that are possible under Texas law.

If you are talking about Texas law...I still can't understand what you are asking. If he was resentenced than they either just conformed the original judgment, in which case the original jail credit would be there, or they created a new judgment and they should have included that old credit on it. Again, if he was in custody on that charge than he gets credit for that time regardless of whether they had to redo the judgment. That's all I can say without more information.