Is my timed in Philippines jail for Extradition be counted in California?
My case is attempted murder wit no victim hurt. i been in philippines jail for 8 yrs and to be extradited to California. Would my time in Philippines jail be counted in California? email me nielvert@yahoo.com
Answers:
We lack sufficient facts to answer your question. In California, our Supreme Court has held that a defendant is entitled to credit for time spent in a foreign jail resisting extradition to California for trial on charges of which he is ultimately convicted. The general rule is that a defendant is entitled to credit against his or her sentence for presentence time spent in jail in a foreign jurisdiction resisting extradition to California. Howerver, this "applies only where the person is merely charged with a crime, as contrasted with already having been tried and convicted of a crime."
You shall wish to argue under California Penal Code section 2900.5 that your time spent in custody in the Phillipines should count as time spent in custody for purpose of any jail sentence imposed in California. According to Cal. Penal Code ยง 2900.5, subdivision (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, and including days credited to the period of confinement pursuant to Section 4019, shall be credited upon his or her term of imprisonment ... in the discretion of the court imposing the sentence." Significantly, 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 mprisonment shall be deemed to have been served.
But don't get too excited about the above, these rules are applied to the letter and their are numerous cases where individuals have been denied any credit for foreign jail time. You definitely want to raise this issue with your attorney as soon as possible. He or she can research the applicable case law with specific focus on those facts peculiar to your own unique circumstances.
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