Jail Credit for Functionally Consecutive Sentences
Suppose a defendant is being held on two charges, Charge A from County A and Charge B from County B. He was arrested for both at the same time and has been held on both for the same number of days. For whatever reason, Charge A is handled first (perhaps because County A has managed to resume pandemic court operations more quickly than County B), and let’s say it results in a sentence to time served. If Charge B ultimately results in a conviction, can the defendant receive jail credit for the days of pretrial confinement that were already applied to Charge A? I think so, if the second judge doesn't affirmatively order Sentence B to run at the expiration of Sentence A. G.S. 15-196.2 is the statute that governs how to apply jail credit when a person has accrued creditable time on more than one pending charge. If the charges result in consecutive sentences, those sentences should be treated as one long sentence and the credit shared between them should be applied only once. When the sentences are allowed to run concurrently, the shared credit gets applied to each of them. Going back to the original prompt, what happens when the convictions are not sentenced at the same time, and the first one is finished before the second even has a chance to begin? Should they be considered “consecutive” sentences at that point because they missed any opportunity to overlap? And if so, is the court sentencing the second conviction [...]


