Suppose you are being held in custody while awaiting trial for a criminal offense, depending on the nature of the crime and your prior history. In that case, a good California criminal defense attorney may be able to negotiate a "time served" plea agreement on your behalf (or the prosecution may simply offer one).

While a time served deal can enable your quick release from jail and resolve your case, it does come with a few caveats. A skilled defense attorney can help you determine whether a time served deal is the best possible outcome for you.

A "time served" deal means a defendant's sentence is already satisfied by the time they have already spent in custody.

Simply put, in California, a "time served" deal means a defendant's sentence is satisfied by the time they have already spent in custody, usually while awaiting trial or sentencing.

For instance, if a defendant has spent three years in jail before being sentenced to three years, they are considered "time served," meaning they have already served their sentence and can be released, bringing a profound sense of relief and freedom.

It's essentially credit for time served. Courts often give credit for time served in custody, meaning the time spent in jail awaiting trial or sentencing is applied towards the sentence imposed.

If a defendant has spent the equivalent time of their sentence in jail, they may be sentenced to "time served," meaning they don't have to serve any additional time.

If someone is arrested and spends six months in jail while awaiting trial, and is then sentenced to six months in jail, they would be released immediately after being sentenced to "time served." This credit for time served is designed to ensure that defendants are not unfairly penalized by the time they spend in custody before being convicted, instilling a strong sense of fairness and confidence in the legal system.

What Does "Time Served" Mean?

Simply put, "time served" refers to the time you've already spent in custody while awaiting the resolution of your case. Under California law, when you're held in jail before a trial or plea agreement, those days are typically counted as credit toward your eventual sentence (Penal Code 2900.5 PC).

This means that if you've been in jail for 30 days awaiting trial and the judge sentenced you to 120 days in jail, those 30 days you spent in custody will be deducted from your sentence, leaving you 90 days left to complete. Understanding this process can make you feel more informed and knowledgeable about your legal rights.

What Is a Time Served Deal?

A "time served" deal is a plea agreement where you agree to plead guilty to the charges in exchange for being sentenced to the time you have already spent in custody.

Essentially, this arrangement allows you to resolve your case and move forward without serving additional jail time beyond what you've already done. Once the deal is finalized and you've issued your guilty plea, you are no longer required to remain in custody and may be released immediately. Most time served deals also include being placed on probation as a condition of release.

If a prosecutor offers you a "time served" deal, it means they are proposing a plea agreement where the time you have already spent in custody will be considered sufficient punishment for the crime you are charged with. This often involves the following steps:

• Pleading guilty. You will plead guilty to the charges as part of the deal.
• Immediate release. Since you have already served time equivalent to the sentence agreed upon, you would typically be released immediately or soon after the court accepts the agreement.
• Probation. While you would not be required to serve any additional jail time, "time served" deals can sometimes include accepting probation.

What Does the Law Say?

The full text of California Penal Code 2900.5 PC says -

"(a) In all felony and misdemeanor convictions, either by plea or by verdict, when the defendant has been in custody, including, but not limited to, any time spent in a jail, camp, work furlough facility, halfway house, rehabilitation facility, hospital, prison, juvenile detention facility, or similar residential institution, all days of custody of the defendant, including days served as a condition of probation in compliance with a court order, credited to the period of confinement pursuant to Section 4019, and days served in home detention pursuant to Section 1203.016 or 1203.018, shall be credited upon his or her term of imprisonment, or credited to any base fine that may be imposed, at the rate of not less than one hundred twenty-five dollars ($125) per day, or more, in the discretion of the court imposing the sentence.

If the total number of days in custody exceeds the number of days of the term of imprisonment to be imposed, the entire term of imprisonment shall be deemed to have been served.

In any case where the court has imposed both a prison or jail term and a fine, any days to be credited to the defendant shall first be applied to the term of imprisonment imposed, and thereafter, the remaining days, if any, shall be applied to the base fine.

If the base fine is not satisfied by jail credits or community service, the penalties and assessments imposed on it shall be reduced by the percentage of the base fine that was satisfied.

(b) For the purposes of this section, credit shall be given only where the custody to be credited is attributable to proceedings related to the same conduct for which the defendant has been convicted. Credit shall be given only once for a single period of custody attributable to multiple offenses for which a consecutive sentence is imposed.

(c) For this section, "term of imprisonment" includes any period of imprisonment imposed as a condition of probation or otherwise ordered by a court in imposing or suspending the imposition of any sentence, and also includes any term of imprisonment, including any period of imprisonment prior to release on parole and any period of imprisonment and parole, prior to discharge, whether established or fixed by statute, by any court, or by any duly authorized administrative agency.

(d) It is the duty of the court imposing the sentence to determine the date or dates of any admission to, and release from, custody prior to sentencing and the total number of days to be credited pursuant to this section. The total number of days to be credited shall be contained in the abstract of judgment provided for in Section 1213.

(e) Any agency must which a person is committed to apply the credit provided for in this section for the period between the date of sentencing and the date the person is delivered to the agency.

(f) If a defendant serves time in a camp, work furlough facility, halfway house, rehabilitation facility, hospital, juvenile detention facility, similar residential facility, or home detention program pursuant to Section 1203.016, 1203.017, or 1203.018, in lieu of imprisonment in a county jail, the time spent in these facilities or programs shall qualify as mandatory time in jail.

(g) Notwithstanding any other provision of this code as it pertains to the sentencing of convicted offenders, this section does not authorize the sentencing of convicted offenders to any of the facilities or programs mentioned herein."

When Are Time-Served Deals Offered?

In the state of California, "time served" deals are typically offered in the following situations:

• Minor Offenses: These deals are common in cases involving low-level crimes, such as misdemeanors or infractions.
• Overcrowded Jails: When jails face overcrowding, prosecutors and judges are more inclined to resolve cases quickly by offering a "time served" deal.
• First Offenders: Individuals with no prior criminal record may be offered such deals to settle the matter without imposing harsher penalties.
• Cases Where Custody Already Matches or Exceeds Proposed Sentencing: If the time you've spent in jail already equals the expected sentence for your offense, a "time served" deal becomes a logical resolution.

Pros and Cons of a "Time Served" Deal

While a "time served" deal seems appealing, you must weigh the benefits and risks before making a decision. Here are some of the key factors to consider:

Pros

• Immediate Release: Accepting a "time served" deal often means you'll be released from custody right away. This can be a significant relief if you've been waiting in jail and want to resume your life.
• Closure and Certainty: A plea agreement that incorporates time served concludes your case, sparing you the stress and uncertainty of a prolonged trial. It allows you to move forward and focus on rebuilding your life.
• Avoiding Additional Jail Time: By agreeing to this deal, you avoid spending more time behind bars, which may have been the outcome if your case had gone further or resulted in a conviction.
• Cost Savings: Resolving your case quickly can save on legal fees, court expenses, and other costs associated with a lengthy trial.

Cons

• Pleading Guilty: To accept a time served deal, you'll likely need to plead guilty to the charges. This creates a criminal record, which could have long-term consequences for employment, housing, and other aspects of your life.
• Incomplete Justice: If you believe you're innocent, accepting a "time served" deal may feel like giving up your right to defend yourself in court.
• Conditions of Release: A plea agreement may include conditions such as probation, community service, or mandatory counseling. Failure to meet these conditions could result in further legal trouble.
• Impact on Future Cases: If you face legal trouble again, your prior conviction could result in harsher penalties, making it important to weigh the long-term impact of acceptance carefully.

A time served deal can be a viable option for resolving your case quickly and avoiding additional jail time, but it's not a one-size-fits-all solution. Every case is unique, and the decision to accept such a deal depends on your circumstances, the charges against you, and the potential consequences and aftermath.

An experienced California criminal defense attorney can evaluate your case to help determine whether accepting a time served deal is in your best interests. If it is, they can also negotiate for the most favorable possible terms of post-trial release, such as lenient terms of probation. For more information, contact our criminal defense law firm, Eisner Gorin LLP, located in Los Angeles, CA.

Related Content:

• Time Served - Explained
• What Is a Sentencing Credit?
• California Penal Code 2900.5 PC
• Penal Code Section 1170-1170.9 PC