Legal Definitions - time served

Time served is a legal term that refers to the period a defendant has already spent in custody or under other forms of restricted liberty *before* their formal sentencing by a court.

When a judge imposes a sentence, they often consider the time a defendant has already spent incarcerated or under supervision. This pre-sentencing period can be credited towards the final sentence in two main ways:

• As the complete sentence: In some cases, the judge may determine that the time the defendant has already spent in custody is sufficient punishment for the crime committed. In such instances, the judge may declare the sentence to be "time served," meaning the defendant has already fulfilled their entire sentence and will be released immediately.
• As a credit towards a longer sentence: If the final sentence is longer than the time the defendant has already spent in custody, the "time served" is subtracted from the total sentence. This reduces the remaining time the defendant must serve in jail, prison, or under other correctional supervision.

The specific types of custody that qualify as "time served" can vary significantly depending on state and federal laws. While it most commonly refers to time spent in jail awaiting trial or sentencing, some jurisdictions may also credit time spent under house arrest, in a supervised residential treatment program, or other forms of court-ordered restricted liberty.

Here are some examples illustrating how "time served" applies:

• Example 1: Immediate Release for a Minor Offense

  A person named Mr. Henderson is arrested for a misdemeanor offense, such as petty theft, and is unable to post bail. He spends 45 days in the county jail awaiting his court date and sentencing. When his case comes before the judge, the judge reviews the circumstances and decides that 45 days is an appropriate punishment for the crime. The judge then sentences Mr. Henderson to "time served."

  This illustrates "time served" being the complete sentence. Because Mr. Henderson has already spent 45 days in jail, and the judge's sentence is 45 days (or "time served"), he is released from custody immediately, having fulfilled his entire sentence.

• Example 2: Reducing a Longer Prison Sentence

  Ms. Rodriguez is arrested for a felony charge and, due to the seriousness of the offense and flight risk concerns, is held in jail without bail for 14 months while her case proceeds through the legal system. Eventually, she is convicted and sentenced to 4 years in state prison.

  This illustrates "time served" as a credit towards a longer sentence. The 14 months Ms. Rodriguez spent in jail before sentencing will be credited against her 4-year (48-month) prison sentence. This means she will only need to serve an additional 34 months (48 - 14 = 34) in state prison to complete her sentence.

• Example 3: Credit for Alternative Forms of Custody

  Mr. Chen is charged with a drug-related offense. As a condition of his pre-trial release, and with the court's approval, he agrees to reside in a supervised inpatient drug rehabilitation facility for 6 months. After successfully completing the program, he returns to court for sentencing. The judge imposes a sentence of 1 year for the drug offense.

  This illustrates how "time served" can extend beyond traditional incarceration. If the state's laws permit, the 6 months Mr. Chen spent in the court-ordered rehabilitation facility could be counted as "time served." This would reduce his 1-year (12-month) sentence by 6 months, meaning he would only have 6 additional months to serve, potentially on probation or in another form of custody.